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U.S. Supreme Court deems half of Oklahoma a Native American reservation

reuters.com

131–140 of 1001 posts

Re: U.S. Supreme Court deems half of Oklahoma a Native American reservation

#131
post #18

Does anyone know the status of private land, not belonging to tribe members, now considered within the reservation? Can it be confiscated by the tribe?

Around Lewiston, Idaho, the Nez Perce tribe has been buying up land as it comes onto the market. They're also doing land swaps with non-tribal land owners for other reasons - better wildlife acreage for better farming acreage, for instance.

Re: U.S. Supreme Court deems half of Oklahoma a Native American reservation

#132
post #34

Earlier quoted context omitted.

And how do you even define a tribe citizen? Is there like an ID card? Is it a DNA test? Does Elizabeth Warren qualify?

The tribes have their own mechanisms for identifying citizens like any other jus sanguinis nationality. The specifics depend on the tribe in question.

How does this work with government? Or let's go into one specific question, can I start my own tribe?

Re: U.S. Supreme Court deems half of Oklahoma a Native American reservation

#133
post #18

Does anyone know the status of private land, not belonging to tribe members, now considered within the reservation? Can it be confiscated by the tribe?

[Not US lawyer, but] an option open to some common law courts is leaving the legal owner in place while declaring that the thing owned is for the benefit of someone else (i.e. a beneficial owner).

Re: U.S. Supreme Court deems half of Oklahoma a Native American reservation

#134
It's so weird how sentences so significant are often "protecting" the rights of terrible, terrible people:

> McGirt, 71, has served more than two decades in prison after being convicted [...] of rape, lewd molestation and forcible sodomy of a 4-year-old girl. McGirt [...] did not contest his guilt in the case

I'd be interested in learning who was involved in McGirt's proceedings and why. Did they mean to actually get this guy free (which, to be fair, at his age could be a charitable act in itself), or did they just think it was as good a chance as any to get this old treaty back on the table? There is a book and a film in that story.

Re: U.S. Supreme Court deems half of Oklahoma a Native American reservation

#135

Earlier quoted context omitted.

> Why not everyone assimilate? Recognized Native American tribes are sovereign nations . https://en.wikipedia.org/wiki/Tribal_sovereignty_in_the_Unit... You might as well ask why European settlers aren't forced to assimilate into them.

I wonder about that. Right now, the fact that the Nations don’t have direct representation in Congress (yes, I understand citizens can vote in the state the reservation resides in) makes them appear more like subjects of an Empire than as coequals in a Republic. I think a lot about how to improve this. I think a lot about how to truly reckon with genocide and yet coexist. If anyone has resources about how to improve…

> more like subjects of an Empire than as coequals in a Republic

This is a great way to frame it.

Re: U.S. Supreme Court deems half of Oklahoma a Native American reservation

#136
post #31

Earlier quoted context omitted.

These rights existing because the US government signed treaties with independent foreign nations. Those treaties are valid law until the Congress withdraws from them.

Did the US government ever acknowledge them as independent foreign nations? The War of Independence was partly fought to get away from the British proclamation of 1763 that said you couldn't settle west of the Appalachians without a treaty. Oklahoma was part of the Louisiana purchase, the US considered it their land for that reason. The US signed treaties with the indigeneous population in an attempt to secure peace,…

The US signed a formal treaty, which remains law.

Re: U.S. Supreme Court deems half of Oklahoma a Native American reservation

#137

I had the pleasure of driving through and visiting Oklahoma a decade or so ago. Some people don't like the rural states, but it felt so serene out there. We stopped at a shaved ice place off of some random exit and just sat there on the hood staring out at the plains. There's not much out there but it felt so peaceful. It felt like home.

Rural areas are almost uniformly beautiful and serene. It's the beliefs of the people in them that can be hostile.

Re: U.S. Supreme Court deems half of Oklahoma a Native American reservation

#138

Earlier quoted context omitted.

I wonder about that. Right now, the fact that the Nations don’t have direct representation in Congress (yes, I understand citizens can vote in the state the reservation resides in) makes them appear more like subjects of an Empire than as coequals in a Republic. I think a lot about how to improve this. I think a lot about how to truly reckon with genocide and yet coexist. If anyone has resources about how to improve…

> the fact that the Nations don’t have direct representation in Congress The EU doesn't have representation in Congress either

The EU is not under US Federal jurisdiction, as apparently Indian Nations are.

Re: U.S. Supreme Court deems half of Oklahoma a Native American reservation

#140
post #104

> The ruling means that for the first time much of eastern Oklahoma is legally considered reservation land. More than 1.8 million people live in the land at issue, including roughly 400,000 in Tulsa, Oklahoma’s second-largest city. So does this effectively create two different rules of law over the same land...? Like how does this work?

It's been that way, this isn't much of a change for the tribes. Effectively, the tribes have a different system of governance that falls under federal jurisdiction. They're "outside" the state government. It's a hot mess, but I don't think forcing sovereign nations to conform the the occupational nation is a good idea.
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