Elk v. Wilkins is a United States Supreme Court case that was decided in 1884. The case involved a Native American man, John Elk, who was born in Nebraska in 1866. Elk was not a United States citizen, but he had been living in the United States since 1866. Elk attempted to register to vote in Kansas in 1882, but his application was denied because he was not a United States citizen. Elk then filed a lawsuit against the registrar, David Wilkins, claiming that he was entitled to vote under the Fourteenth Amendment. The Supreme Court ultimately ruled in favor of Wilkins, holding that the Fourteenth Amendment did not grant citizenship to Native Americans who were born in the United States. The Court reasoned that Native Americans were not considered citizens under the Constitution and that the Fourteenth Amendment did not change that. The Court also held that Native Americans were not subject to the jurisdiction of the United States and thus were not entitled to the privileges and immunities of citizens. The decision in Elk v. Wilkins was significant because it established that Native Americans were not considered citizens of the United States and were not entitled to the same rights and privileges as other citizens. This decision was later overturned by the Supreme Court in the case of United States v. Wong Kim Ark in 1898.

In Elk v. Wilkins, the Supreme Court was tasked with determining whether an Indian born in the United States and who had not been naturalized or taxed could be considered a citizen of the United States. The majority opinion held that such individuals were not citizens under federal law because they did not meet any of the criteria for citizenship outlined in existing statutes. Justice Harlan dissented from this decision, arguing that Native Americans should be granted citizenship by virtue of their birth on American soil and as members of one of its indigenous nations. He argued that Congress had no authority to deny them this right since it would violate both their rights as human beings and those guaranteed by treaties between tribes and states. Furthermore, he noted that denying them citizenship would effectively strip them from all civil rights protections afforded to other citizens under U.S law, including voting rights which are essential for self-governance within tribal communities