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

reuters.com

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

#761

Post by vmh1928 »

landryraccoon wrote: post #726
knodi123 wrote: post #560

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…

Adverse possession generally doesn’t apply to land owned by a sovereign. You cannot claim adverse possession against the United States, or against the state of Oklahoma, not even after squatting for many years. The Creek nations could be considered sovereign in this case, since they were party to a treaty with the United States.

Here's a case where it took 15 years of court action to get someone off of a parcel of land in Tempe, AZ that was part AZ State land and part City of Tempe. The man claimed his family had been occupying the land since at least 1877 and claimed ownership via adverse possession. If you hit a paywall just search on "tempe squatter".

https://www.azcentral.com/story/news/local/tempe/2020/03/10/...

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

#762

Post by jake_morrison »

dfee wrote: post #754
jake_morrison wrote: post #747

We have to recognize how much we screwed over the Native Americans. We took away their prime land on the East coast. We gave them some shitty land in Oklahoma that we didn't think we would ever want. We made them walk there in the "Trail of Tears", and lots of them died along the way. Then we decided to screw them out of the land in Oklahoma after all, but didn't go though the process properly because we didn't think…

> We gave them some shitty land in Oklahoma Interesting sentiment. As someone who grew up in Tulsa, Oklahoma, I think you should go there and tell the people who live there your thoughts.

I grew up in Norman, so I am familiar.

It's not as good as the prime real estate they had, and the life they had there. Why do you think the government chose Oklahoma for the reservations?

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

#763

Post by amanaplanacanal »

beenBoutIT wrote: post #556
rudolph9 wrote: post #528

Earlier quoted context omitted.

I think use of regulated drugs is legal during a religious service https://www.pewforum.org/2006/02/21/supreme-court-rules-that... And, again I think, reservations are exempt from state laws/taxes and to certain extent able to make/enforce their own laws/taxes but they still need to follow federal laws.

The only way to stop our neverending war on drugs is a Constitutional amendment that guarantees every American the right to consume anything they want for any reason. In the next several decades there will be un unprecedented number of elderly Americans living below the poverty line with no pension and medical issues they can't afford to fix - euthanasia will become something of a nuclear option that they'll want ava…

Elderly Americans already have Medicare. This scenario doesn’t seem likely.

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

#764

Post by [deleted] »

modmans2nd wrote: post #697
protomyth wrote: post #412

Earlier quoted context omitted.

Gorsuch is a joy to read because he mixes in history with some interesting side comments.

Originalism is degenerate legal philosophy. Textualism is all that is valid. We will look back at some of those ridiculous uncited rulings that speak about “how the writers felt given the time” as foolishness.

[deleted]

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

#765

Post by maxerickson »

jake_morrison wrote: post #747

We have to recognize how much we screwed over the Native Americans. We took away their prime land on the East coast. We gave them some shitty land in Oklahoma that we didn't think we would ever want. We made them walk there in the "Trail of Tears", and lots of them died along the way. Then we decided to screw them out of the land in Oklahoma after all, but didn't go though the process properly because we didn't think…

People were displaced from most of the land area of the United States, not just from the east coast.

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

#766

Post by vmh1928 »

supernova87a wrote: post #567
knodi123 wrote: post #560

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…

That one is a puzzler, and I encountered it with a neighborhood issue recently. Why are there some rights that are required to be periodically exercised in order not to be withdrawn? Didn't make sense to me.

Perhaps a right-of-way issue. Two parcels adjoin but access to one is via a road across the other. Courts would probably uphold the right-of-way access by the back parcel but if not used for some period of time the front lot owner could argue the right-of-way was abandoned and fence the road off.

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

#767

Post by arp242 »

inputError wrote: post #559
shpongled wrote: post #554

Earlier quoted context omitted.

Gorsuch is definitely my favorite Justice. His opinions are always fun to read. You know when the words "Trail of Tears" appear in the first sentence of a decision that things aren't going to turn out well for the government...

Haha, yeah I love how he upheld that states can use lethal injection even if they can't get the right ingredients, what a baller.

You can disagree with someone on one topic, and agree with the same person on a different topic.

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

#768

Post by shoxty »

jake_morrison wrote: post #747

We have to recognize how much we screwed over the Native Americans. We took away their prime land on the East coast. We gave them some shitty land in Oklahoma that we didn't think we would ever want. We made them walk there in the "Trail of Tears", and lots of them died along the way. Then we decided to screw them out of the land in Oklahoma after all, but didn't go though the process properly because we didn't think…

Don't forget about sterilizing the women and forcing the children into boarding schools in an attempt to erase their culture.

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

#769

Post by jojobas »

modmans2nd wrote: post #697
protomyth wrote: post #412

Earlier quoted context omitted.

Gorsuch is a joy to read because he mixes in history with some interesting side comments.

Originalism is degenerate legal philosophy. Textualism is all that is valid. We will look back at some of those ridiculous uncited rulings that speak about “how the writers felt given the time” as foolishness.

Is there a more textual judge than Gorsuch?

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

#770

Post by ethbro »

mirimir wrote: post #732
ISL wrote: post #49

I found the conclusion compelling. I haven't yet had enough time this morning to read the dissent thoughtfully. https://www.supremecourt.gov/opinions/19pdf/18-9526_9okb.pdf "The federal government promised the Creek a reservation in perpetuity. Over time, Congress has diminished that reservation. It has sometimes restricted and other times expanded the Tribe’s authority. But Congress has never withdrawn the promised…

Wow. That is just so damn amazing! Also, TFA notes: > In a joint statement, the state, the Creek Nation and the other four of what is known as the “Five Tribes” of Oklahoma said they were making “substantial progress” toward an agreement on shared jurisdiction that they would present to the federal government. The other tribes are the Cherokee, Chickasaw, Choctaw and Seminole. So I wonder whether more of Oklahoma cou…

> the Mohawk have claimed a large chunk of New York

Anyone can claim anything they want.

What is relevant here, and why this case was decided the way it was, is that the federal government and the tribe entered into a legally binding, clear contract.

Lands east of the Mississippi in exchange for a large piece of what is now Oklahoma, in perpetuity.

And Congress never explicitly reneged on that contract. Ergo, it still stands.

Should the Mohawk produce a similarly ironclad agreement regarding New York, they would then have a claim.

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