Abstract

American Indians have the dubious distinction of benefiting from a myriad of state and federal welfare programs. How has the Indian fared under these various programs? Not very well—not an unexpected result either, given the inefficiency of most welfare systems and the Indians' lack of political power to demand the necessary changes.

The thesis of this article is that the Indians" problems under current welfare programs demonstrate the need for a system of income maintenance (e.g. negative income tax) to supplant the existing structure. Statutes under which state and federal programs are administered are complex and often confusing. Under the present system states have attempted to exclude Indians from their welfare roles through discriminatory practices of doubtful constitutional validity. Moreover, states have arbitrarily imposed a ceiling on welfare payments, a practice which is also constitutionally suspect. Specific problems can be handled judicially, but the generally negative attitude of state governments in administering welfare systems is extremely difficult to overcome. Thus, the federal government should assume primary responsibility for Indian welfare, and in so doing should change its own inefficient and frequently inequitable system. In short, welfare programs for Indians have proven unsatisfactory and will work only when existing systems are changed. It is the purpose of this article to survey the administrative problems of current programs and to suggest a more efficient and equitable system.

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