The Arbitrary Indian

The Indian Arts and Crafts Act was enacted by Congress to prevent the fraudulent sale of arts and crafts as Indian-made when they are not. Seemingly benign in intent, the act creates false distinctions, argues Sheffield, about who or what is "Indian" or "Indian-made." "Indians" are defined by the act according only to their political status - as members of federally or state-recognized tribes, or as individuals certified by either. Excluded are artists-craftspeople who are Indian according to ancestry or sociocultural traits but not according to the statutory definition. The result, Sheffield claims, is an "arbitrary process that creates arbitrary effects.".