"Unstole", if you will.
Hmmm not sure about that. Wouldn't people outside the tribes also fall under tribal jurisdiction for criminal matters? Since they are on tribal lands now. If i read correctly they also have to deal with all the convictions that the state did, but are on tribal lands. The state technically didn't have jurisdiction to convict.Nothing changes for the average Joe/Jane who is not a member of the Tribes.
Hmmm not sure about that. Wouldn't people outside the tribes also fall under tribal jurisdiction for criminal matters? Since they are on tribal lands now. If i read correctly they also have to deal with all the convictions that the state did, but are on tribal lands. The state technically didn't have jurisdiction to convict.
for picture reference on just how much of Oklahoma is now reservation land:
Thank you!
for picture reference on just how much of Oklahoma is now reservation land:
Great news. Gorsuch flipping just reinforces my view that Thomas, Kavanaugh, and Scalia are/were considerably worse that most of the other conservatives.
I did kinda forget about Alito, but in my recollection he always votes shitty but doesn't write any of the really bullshit opinions. I suppose Kavanaugh hasn't been around long enough to be all that terrible yet, but I expect great (bad) things from him.I mean, there's 100% no question that Alito and Thomas are the worst justices on the bench. They're not conservative, they're just ideologues. Thomas literally doesn't even bother asking questions most of the time, when he spoke up during proceedings it was actual news.
i feel like in many ways he's breaking with Republicans because he has some actual conservative views on how the law should be interpreted, and not just whatever horseshit Republicans happen to come up with at the spur of the moment to justify their fuckeryGorsuch isn't being everything conservatives hoped for and I'm loving it.
If you're referring to what I think then yeah parts or all of Texas had at one point been Native American territories, Spanish, French, Mexican and the Republic of Texas.There should be more. Oklahoma is the last of the fuck you territories from 1800s America.
Now ill have to explain that they arent taking our country away after I took my parents to San Antonio and explained they and actually like 4 other nations were there first.
What does it mean? Can they start governing and taxing those areas?
The Seminoles have land there too? I thought that tribe was Floridean. Happy about this decision though it's only a drop in the river of what they deserve.there is like not much out there anyway im happy they have this land. and it should stay in their hands.
Most Seminoles were removed to Oklahoma and that's where the largest Seminole tribe is today. A small number were able to stay in Florida and rebuild somewhat there.The Seminoles have land there too? I thought that tribe was Floridean. Happy about this decision though it's only a drop in the river of what they deserve.
Their day-to-day lives won't be be different. The impact of this is largely on criminal justice in addition to the strength of the argument affirming tribal sovereignty and the rarity of tribes winning in the US Supreme Court.What happens to the vast majority of 1.8 million people who are not Tribal members or of Native Ancestry living within the reserve lands?
The article does not mention how that works now. Whatever the answer this is interesting.
Their day-to-day lives won't be be different. The impact of this is largely on criminal justice in addition to the strength of the argument affirming tribal sovereignty and the rarity of tribes winning in the US Supreme Court.
So what happens if say a tribal member and a non-tribal member rob a house and are caught. Would the feds handle the criminal case for the tribal person and the state the criminal case for the non-tribal person? Would the tribal person be allowed to be a part of the criminal trail for the non-tribal person or is that not allowed now?
Do state regulations and criminal laws apply to tribal lands and tribal members or do federal criminal laws only apply now?
I'm no expert on US criminal law but it seems like it could be a mess to figure out at first.
Are you in the Siloam Springs area? I grew up in Fayetteville.Cool, I now live three miles to the east of the Cherokee reservation. We have one of their large Casino's just on the other side of the border in Oklahoma (I'm in Arkansas).
On a side note, I wonder what it means for white farmers that are not Indians in those territories. For instance, my old broker was representing a seller that could not prove he legally had purchased farmland from the Cherokee tribe and the deal fell apart. I always wondered if the seller would have to vacate the land. (I think he should have to give it back if it was proven he/or his ancestors stole it).
I guess the tribal land was not part of the homesteading that happened in Oklahoma (that was in the western half)?
Their cases would be tried separately AFAIK.So what happens if say a tribal member and a non-tribal member rob a house and are caught. Would the feds handle the criminal case for the tribal person and the state the criminal case for the non-tribal person? Would the tribal person be allowed to be a part of the criminal trail for the non-tribal person or is that not allowed now?
Do state regulations and criminal laws apply to tribal lands and tribal members or do federal criminal laws only apply now?
I'm no expert on US criminal law but it seems like it could be a mess to figure out at first.
Returning the United States to those who were subjected to brutal colonization and genocide would be a damn near biblical feat. It's not going to happen any time soon, if ever. But steps need to be made to respect the people who made it their home first, and insofar very little has been done after centuries. Hopefully, today is a sign of changing times.As much as the US fucked over the Native Americans, I don't get what people want when they say this.
I think the Black Hills (Mount Rushmore) were Lakota territory per a treaty until settlers discovered gold in them there hills and Congress said eff the treaty. I wonder if this Court would give that area back?I think the broader impact is that SCOTUS believes the treaties behind the indigenous tribes and the United States are still viable/law. This will impact not just oklahoma, but any state that has tribal lands I think.
I think the Black Hills (Mount Rushmore) were Lakota territory per a treaty until settlers discovered gold in them there hills and Congress said eff the treaty. I wonder if this Court would give that area back?
448 U.S. 371 (1980), was a United States Supreme Court case in which the Court held that: 1) the enactment by Congress of a law allowing the Sioux Nation to pursue a claim against the United States that had been previously adjudicated did not violate the doctrine of separation of powers; and 2) the taking of property that was set aside for the use of the tribe required just compensation, including interest. The Sioux Nation has not accepted the compensation awarded to them by this case, valued at over $1 billion as of 2011.
This ruling doesn't change Congress' ability to say eff the treaty. What's pertinent to this case is Congress never did this.I think the Black Hills (Mount Rushmore) were Lakota territory per a treaty until settlers discovered gold in them there hills and Congress said eff the treaty. I wonder if this Court would give that area back?
Ted Cruz is a sentient salt lick.
100% agree with this post.This is America's fault. The government constantly screwed those people out of their land and rights, giving them something only to break it, take it away etc. If people are mad that they now live on a "reservation", take it up with your government who screwed over those folks originally.
It means that we would all live by tribal laws.As much as the US fucked over the Native Americans, I don't get what people want when they say this.
Returning the United States to those who were subjected to brutal colonization and genocide would be a damn near biblical feat. It's not going to happen any time soon, if ever. But steps need to be made to respect the people who made it their home first, and insofar very little has been done after centuries. Hopefully, today is a sign of changing times.
No, that's why I called true reparations a "biblical feat". The damage has been done, and I highly doubt nationalistic Americans would be keen on leaving behind their lives out of empathy for those who were subject to cultural erasure and genocide. What we can do now is respect their autonomy and give back what is practical, whether it's land, money, resources, or telling oil corporations to fuck off when they try to get permits to build pipelines on reservations.I mean so like what we hand control of the entire US government and I hop on a boat back to England. Like I'm all for honoring treaties and giving reparations but I have never seen a clear detailed plan of what people want when they say "giving back the land". Not trying to be hyperbolic, I'm just trying to understand.
The various tribes set their own standards and maintain their own membership rolls. I think often the requirement is that more than some fraction of your ancestry must be from that tribe, but at least a few of the Five Tribes only require that you show any ancestry at all. Children of mixed marriages can fail to qualify for membership in a tribe if they require, say, a 1/16 blood quantum and one parent is 1/16 and the other is not a member.Technical question: how does a state know who is related to a tribe, is there a registry? Is it held by the tribe?
What happens to the children in a mixed marriage?
What did the map look like prior to this ruling?for picture reference on just how much of Oklahoma is now reservation land:
I mean sure, on that level it's great. But when you consider this ended up in front of SCOTUS because a child rapist was trying to get out of his sentence, it's a bit bittersweet. Hope the federal government gets the same result if/when they try him.
Are you in the Siloam Springs area? I grew up in Fayetteville.