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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

#681
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…

A potential improvement might to split the scope of duties across more independent government entities. It's actually similar to how corporate management tends to plan management roles: things like end-to-end ownership of clear (and relatively limited) responsibilities. These days, the federal government's scope is massively larger than when the constitution was created.

One approach to splitting things might look something like this:

government A: education, taxes, social services, abortion, immigration, ...

government B: electoral issues, telecom/internet, mail, privacy, utilities, workplace regulations, ... basically, mundane areas that are more about boring competence and finding smart solutions. Or at the very least, serving the public will more directly.

This way, the boring yet important stuff can be done by B without being drowned out by the divisive stuff in A, where people become polarized into thinking they just need to vote against particular issues and there's no real accountability for the rest of it.

You might think that state-level government provides more accountability by being smaller, and this is true in some way, but for the most part I see the exact same thing happening where state government elections are mostly not providing much accountability in a lot of government domains because they aren't contentious enough to be the deciding factors in elections. But they are still important nevertheless.

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

#682
post #664

The genesis of this case (it started with Murphy) is an amazing and wonderful story. https://www.nytimes.com/2007/02/05/us/05bar.html ... and for more depth, check this excellent podcast series: https://crooked.com/podcast-series/this-land/ Full disclosure -- I knew and worked with the attorney who discovered the original issue. She was also a geologist, so she checked on the mineral rights to see if she could develo…

> It started with Murphy

What do you mean? Murphy is reported as a murder, whereas McGirt is a rape. Do you mean that McGirt's defense adopted the strategy Murphy introduced...?

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

#683

Earlier quoted context omitted.

Congress writes the laws. Courts interpret them. Congress can't simply say "oh actually back then we meant this other thing," as that would be completely nullifying the power of the Courts. Yes, they can make an amendment that changes/clarifies the meaning of an existing law, and that might sound like the same thing, but doing that requires the formality of the process -- in particular, bringing it to a vote.

Aren't retroactive laws a thing?

In the context of this case, which was over a criminal matter, they cannot pass a retroactive law. ("ex post facto")

For civil matters, yes, with a bunch of asterisks: https://www.law.cornell.edu/constitution-conan/article-1/sec...

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

#684
Was looking through the comments hoping I would find some discussion about how this would affect things like property rights and title insurance for affected land, but I didn't see anything. I realize what was at issue in this case was jurisdictional priority, but still, if the court is arguing half of Oklahoma is "tribal land", what does it mean for people who theoretically own parts of that land?

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

#685
post #502

One thing I'm unclear about is this: "If Congress wishes to withdraw its promises, it must say so." The question in the case, as I understand it, was whether previous acts of Congress had in fact dissolved the reservation. Could Congress, if they wanted to, pass a resolution saying, "Actually, such-and-such bill from 100-some years ago dissolved the reservation." Or can they only say, "Starting today, the reservation…

No, it doesn’t mean Congress has that power. That question hasn’t been decided. That question would be raised if congress attempts to change the law. Until then, a Congress is bound by the Court’s interpretation of what the law is/was/means. In short, Congress lack the authority to tell the courts what a prior law meant. If they’re not happy with the interpretation then. Ingress has to change the words of the statute / treaty.

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

#686
post #532

Earlier quoted context omitted.

Everyone deserves a vigorous legal defense, even the most reprehensible. If the accused or convicted are exempt from the rule of law, so are those who are accused or convicted by mistake, corruption, or abuse of power. Competent and committed legal defense for everyone defends the rule of law as it's applied to all of us.

> Competent and committed legal defense for everyone defends the rule of law I agree wholeheartedly, but in practice this often doesn't happen, for a multitude of reasons. Legal representation costs money in most countries, and most lawyers don't particularly enjoy defending guilty people (obviously they do it anyway, but it's a bit like having to fix a '90s PHP website when your passion is Python 3...). Hence my cur…

Definitely on the same page. I'm just glad there are dedicated people doing the hard work to hold government's actions under the light of their own rules. There's way too much room for improvement in the system(s).

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

#687
post #670

Earlier quoted context omitted.

I agree, it's far past time to remove California's unconstitutional gun laws.

Doesn't that only apply to the federal government?

The Constitution? No, it applies to states as well. The SC has also explicitly ruled that the Due Process clause of the 14th Amendment makes the Bill of Rights applicable to the states.

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

#688

Earlier quoted context omitted.

I have no idea, but a policy what would make sense to me would be to respect existing private property, though layer a "right of first refusal" for the indigenous nation to buy it back if it comes up for sale.

Why should the rights of stolen property be respected? If I buy a TV that "fell off the truck", I wouldn't expect the manufacturer to buy it back from me. I wouldn't expect the manufacturer to buy it back from my grandkids either.

In many places, good faith sales are respected. Say someone bought a TV that "fell off a truck", but then after a year sells it to another person insisting it was legitimately acquired. The second buyer could be a legitimate owner given the they purchased the TV in good faith. On a side note, even if you did legitimately purchase the TV why would you expect the manufacturer to buy it back from you after it was used?

Regarding the realities of the situation in Oklahoma: as of this ruling non-natives on native land outnumber natives more than 4:1. If the government aimed to take or redistribute private property I would expect major unrest as a consequence.

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

#689
post #489

Earlier quoted context omitted.

Back in the day, enrolled members of some tribes could sell land to non-members. I think most tribes prevent that now. Land sold to non-members became Fee property that can be owned by non-members or sold to non-members. Depending on the reservation, you will find plenty of non-members that own property within the reservation.

Up in Canada some of the reservations do 99-years leases with developers. They retain ownership, but can actually get something for it.

What happens after 99 years? Are they expected/obligated to renew for a reasonable fee? What's preventing them from refusing to renew the leases after 99 years, and keeping the property (and whatever improvements on top) for themselves? It might not be an issue for the first or second generation of owners, but you'd expect the uncertainly to hurt the resale value of the property as the 99 years approaches.

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

#690

Earlier quoted context omitted.

Aren't retroactive laws a thing?

Congress is prohibited from passing ex post facto laws by clause 3 of Article I, Section 9 of the United States Constitution.

That only applies to criminal matters and only in terms of punishment. Congress could decriminalize drugs and make it retroactive for people who have yet to be convicted or charged.
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