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

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

#611
post #548

Earlier quoted context omitted.

> Congress will have no choice but to make a law breaking the promise and repatriating the land out of Native American hands. Oklahoma seems to have only five US Representatives (and two senators of course). It would be ridiculous if seven Congress members can hold a nation hostage. I don't understand the full implications of this ruling but I don't see how I can support breaking more promises because of political ga…

What do you mean? One senator has been holding the nation hostage for years. One .

The only reason one senator can hold the nation hostage is because he has the support of the majority of senators.

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

#612

Earlier quoted context omitted.

> Unlawful acts, performed long enough and with sufficient vigor, are never enough to amend the law And yet "adverse possession" allows my neighbor to keep a slice of my yard, because he build the fence shortly before I bought the house (while it was unoccupied!) and I assumed it was proper after I moved in, and now that I've had a survey done and realized his fence is 5' off target, it's too late because he official…

What you're referencing is probably a "prescriptive easement" and is legal (depending on your jurisdiction). If your jurisdiction does not have "adverse possession" or "prescriptive easement" laws, you can probably tear that fence down or do whatever else you want with it. (IANAL and please just talk to your neighbors first!) None of this is related, either legally or in spirit, with the sentence you cited. The cited…

> In most (all in the US?) jurisdictions a law regarding prescriptive easements or adverse possession probably makes your neighbor's actions legal.

After enough time, the neighbor acquired the title to the land through adverse possession and the fence became legal. Before that, the fence was illegal as it was built on property that the neighbor did not own.

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

#613
Many reservations were affected by the allotment of 'excess land', and by tribal members selling their allotments (by wile or by intimidation), which led to the 'checkerboarding' of ownership. In recent decades, multiple tribes have had programs to recover their lands by purchase.

"The Dawes Act of 1887 created the most Native American checkerboarding. The act was intended to bolster self-sufficiency and systematically fracture native cultures, giving each individual between 40 acres (16 ha) and 160 acres (65 ha)." [0] [emphasis mine]

[0]https://en.wikipedia.org/wiki/Checkerboarding_(land) [1]https://en.wikipedia.org/wiki/Dawes_Act

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

#614
post #583

Earlier quoted context omitted.

>I guess I trust the Supreme Court more than I trust Congress It's quite a damning indictment of US-style democracy that people trust a small cabal of unelected lifetime appointees without any meaningful oversight, over a larger pool of democratically elected officials.

The root of the problem (and this isn't unique to US-style democracy) is that any body that has to deal with re-election every few years is going to focus more on things that get them re-elected, not necessarily things that are good or sustainable for the state as a whole. That's just human nature, and I don't think there's a way to fix that problem without fundamentally changing how with think of elections and terms…

> One thing that makes SCOTUS interesting is that they have no enforcement mechanism. It's mainly only tradition and respect for the institution that causes people to follow Supreme Court rulings

You're underselling this, I think.

It is "respect for the institution" why the military accepts the civilian authority of the POTUS as commander in chief. If we are only considering the ability to use violence to enforce one's position as legitimate, it's the military and police forces who rule. Once you factor in laws, the SCOTUS is authoritative as to how the laws can be legally interpreted.

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

#615

Earlier quoted context omitted.

> The center is there for the first party that chooses to leave its entrenchment. Unfortunately, that just isn't so. The evidence of the last three decades has been that every time the Democrats compromised a little, the Republicans just moved further to the right and re-entrenched themselves.

Don't fool yourself - both sides think the other is guilty of this.

People can think whatever they, that doesn’t make it real. Your argument is a false equivalence. Even if both sides do it, it’s not of the same proportion and that matters.

Objectively, Republicans are not compromising, they are often explicit that they are waging a scorched earth zero compromise negotiating style. The heritage foundation wrote the template for the ACA in the 70s as an alternative to Medicare expansion. It was then Bob Dole’s plan when he ran against Bill Clinton, and was Dole’s alternative to Clinton’s health plan. Then Romney passed it in Massachusetts. But when Obama consciously tries to compromise and meet in the middle instead of participating they say it’s communism. They spent a decade to repeal a plan they invented.

Similar with global warming. Cap and trade was a republican idea. Where have they compromised? Instead they are demonizing all of science to shift the conversation to absurdity.

How about the 2008 stimulus. Obama has to fight tooth an nail for 800 billion even though economists say the output gap is $1.5 Trillion and the stimulus needs to be bigger. But Obama agrees thinking when it’s clear more is needed more will be available. He underestimated how much Mitch meant it when he said “the single objective is to make Obama a one term president” and was willing to let the economy struggle if needed. Then Trump gets $3 trillion with Democrats compromising all over the place.

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

#616

Earlier quoted context omitted.

You're literally justifying genocide.

I don't think I'm saying any of this is fine, just pointing out that geopolitics isn't about what's morally correct. Anyone can own any piece of land for just about any reason so long as they have the firepower to back it up.

"Might makes right" certainly implies a moral stance.

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

#618

Earlier quoted context omitted.

> The center is there for the first party that chooses to leave its entrenchment. Unfortunately, that just isn't so. The evidence of the last three decades has been that every time the Democrats compromised a little, the Republicans just moved further to the right and re-entrenched themselves.

The opportunity probably isn't for an existing political party to move to the center - it's for a third party to come up the center, capitalize on the two major parties being so obsessed with making the other lose that they can't articulate a clear reason why they should win, and capture the voters who have become cynical about politics altogether.

I wonder if the voters would have a lasting appeal for this, though. While I would appreciate more consensus-building and agreement in our government, there are quite a few left-leaning positions that I will just not budge on, and consider the centrist approach on them to be just tolerance of and pandering to bigots. Not sure how many share that attitude, but I bet there are quite a few on both sides of the aisle.

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

#620
post #215

Earlier quoted context omitted.

> because of the massive failure that congress is This is a conclusion I'm coming to more and more. It's easy to blame Presidential overreach or Supreme Court overreach, but the Congress seems to be steadily abdicating responsibility while still managing to get very little of substance accomplished. They are supposed to be the most powerful branch of government, but instead they have deadlocked themselves into useles…

>They are supposed to be the most powerful branch of government, but instead they have deadlocked themselves into uselessness. That's what many Americans wanted, and voted for. A government that governs least governs best, after all.

It's a myth that a significant number of people want less government. What they really want is a government that does their bidding.
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