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Posted
31 minutes ago, Joe in Winslow said:

They're spiraling out of control.


It was the correct decision.

 

The US entered into a treaty which was never dissolved by the Federal government.  Per the Constitution, such treaties hold the weight of the Document itself.

Posted
Just now, TakeYouToTasker said:


It was the correct decision.

 

The US entered into a treaty which was never dissolved by the Federal government.  Per the Constitution, such treaties hold the weight of the Document itself.

 

Nice. What's next? Returning the Gadsden purchase to Mexico?

Posted (edited)
5 minutes ago, Joe in Winslow said:

 

Nice. What's next? Returning the Gadsden purchase to Mexico?


Wholly different situation, Joe, and you know it.

 

The Gadsden Purchase was a legal exchange between to nations.  Reversing it would literally be the *opposite* of the Oklahoma decision.

 

The US government willingly entered into a domestic treaty.  They never dissolved it.  It is now being enforced.

 

That‘s how the Constitution works.

Edited by TakeYouToTasker
Posted
1 minute ago, TakeYouToTasker said:


Wholly different situation, Joe, and you know it.

 

The US government willingly entered into a domestic treaty.  They never dissolved it.  It is now being enforced.

 

That‘s how the Constitution works.

 

How does that practically even work? Does Oklahoma lose its status as a state and revert to "Indian territory?"

Posted
1 minute ago, Joe in Winslow said:

 

How does that practically even work? Does Oklahoma lose its status as a state and revert to "Indian territory?"


The same way all reservations work, Joe.

 

I‘m not arguing that it’s particularly convenient, or that it won‘t present some unique challenges.  Only that it was decided correctly.

Posted (edited)
1 hour ago, Joe in Winslow said:

 

How does that practically even work? Does Oklahoma lose its status as a state and revert to "Indian territory?"

 

Indians  arrested  for serious crimes in eastern OK have to be tried in federal court not state court if I understood it right.

 

The Supreme Court on Thursday ruled that a huge swath of Oklahoma is Native American land for certain purposes, siding with a Native American man who had challenged his rape conviction by state authorities in the territory. 

 

The 5-4 decision, with an opinion authored by Justice Neil Gorsuch, endorsed the claim of the Muscogee (Creek) Nation to the land, which encompasses 3 million acres in eastern Oklahoma, including most of the city of Tulsa.

 

The decision means that only federal authorities, no longer state prosecutors, can lodge charges against Native Americans who commit serious alleged crimes on that land, which is home to 1.8 million people. Of those people, 15% or fewer are Native Americans.

 

https://www.cnbc.com/2020/07/09/supreme-court-says-eastern-half-of-oklahoma-is-native-american-land.html

Edited by ALF
Posted
6 hours ago, ALF said:

 

Indians  arrested  for serious crimes in eastern OK have to be tried in federal court not state court if I understood it right.

 

The Supreme Court on Thursday ruled that a huge swath of Oklahoma is Native American land for certain purposes, siding with a Native American man who had challenged his rape conviction by state authorities in the territory. 

 

The 5-4 decision, with an opinion authored by Justice Neil Gorsuch, endorsed the claim of the Muscogee (Creek) Nation to the land, which encompasses 3 million acres in eastern Oklahoma, including most of the city of Tulsa.

 

The decision means that only federal authorities, no longer state prosecutors, can lodge charges against Native Americans who commit serious alleged crimes on that land, which is home to 1.8 million people. Of those people, 15% or fewer are Native Americans.

 

https://www.cnbc.com/2020/07/09/supreme-court-says-eastern-half-of-oklahoma-is-native-american-land.html

I had read this as well. Sounds like business as usual in all aspects save the last paragraph above. 

Posted
9 hours ago, ALF said:

 

Indians  arrested  for serious crimes in eastern OK have to be tried in federal court not state court if I understood it right.

 

The Supreme Court on Thursday ruled that a huge swath of Oklahoma is Native American land for certain purposes, siding with a Native American man who had challenged his rape conviction by state authorities in the territory. 

 

The 5-4 decision, with an opinion authored by Justice Neil Gorsuch, endorsed the claim of the Muscogee (Creek) Nation to the land, which encompasses 3 million acres in eastern Oklahoma, including most of the city of Tulsa.

 

The decision means that only federal authorities, no longer state prosecutors, can lodge charges against Native Americans who commit serious alleged crimes on that land, which is home to 1.8 million people. Of those people, 15% or fewer are Native Americans.

 

https://www.cnbc.com/2020/07/09/supreme-court-says-eastern-half-of-oklahoma-is-native-american-land.html

https://books.google.com/books?id=vRpBAQAAQBAJ&pg=PA194&lpg=PA194&dq=Buffalo+Creek+indian+seneca+history+arrested&source=bl&ots=7X7Xv9xKap&sig=ACfU3U3RKApmQQrdZ9kYo5aj5_aGoXxmyw&hl=en&sa=X&ved=2ahUKEwjLhqT7wsPqAhWdmHIEHSAXAPUQ6AEwEHoECAsQAQ#v=onepage&q=Buffalo Creek indian seneca history arrested&f=false

 

Pretty old issue. In 1821 at  Buffalo a women in the Seneca nation was accused of witchcraft and executed so the authorities arrested the executioner. Red Jacket was involved

  • Thank you (+1) 1
Posted

The decision is not what some of you think it is.  
 

From my understanding things will essentially remain the same with Native Americans having more territorial benefits than before. From a practical standpoint I don’t believe anyone really misses a beat.

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