The Citizenship Clause of the Fourteenth Amendment does not give citizenship at birth to Native Americans born on Indian reservations. Decided November 3, 1884 (argued April 28, 1884). Opinion of the Court: Horace Gray → go there Dissenting: Harlan. Topic: Citizenship. Elk v. Wilkins, 112 U.S. 94 (1884), is a landmark decision of the Supreme Court of the United States that held that Native Americans born on Indian reservations were not entitled to birthright citizenship under the Citizenship Clause of the Fourteenth Amendment to the United States Constitution. Wiki link