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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

#851
post #68
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?

Here is Washington state, sometimes tribal land is leased to non-natives for 99 years. Will definitely be interesting to see what happens, but it is quite possible that "property tax" could be moved over into a land leasing fee.

This is how it works in Arizona as well. I think it's pretty standard.

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

#852

Earlier quoted context omitted.

> Many people came to the US long after the Trail of Tears. Are they responsible [...] Yes, the whole point of being citizens is taking responsibility collectively as a populace for the actions of the state. We collectively owe interest on the national debt. We still must abide by international treaties signed and ratified by long-dead representatives. We follow a constitution written long ago, and if we want to chan…

It’s one thing to be obligated to follow the law of the country. But it’s another to be assigned moral guilt for things you have no involvement in.

You don't need to be "assigned moral guilt" to recognize atrocities from the past, their influence on the present state, and reparations that should be made.

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

#853

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…

An excellent book in that regard and for anyone looking to learn more is Bury My Heart at Wounded Knee by Dee Brown.

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

#854
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 probably will come down to further court cases, but likely, yeah half of Oklahoma will be subject to Oklahoma state law, and half will be subject to tribal law. That's no different than a state being neighbor to a different state with looser/different laws. Probably they'll work out a compromise like: tribal government pays Oklahoma fees to have them run infrastructure as they have been, and the State forwards tax…

> such as ignoring laws against selling alcohol on sundays

Seems like a poor example to reach for.

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

#855
post #757
post #754

Earlier quoted context omitted.

> 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.

The fact that people live there doesn't make it desirable. People will always defend where they live. Don't be naive.

The land around the Ouchita Mountains is not shitty at all. In fact it’s gorgeous.

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

#856

Earlier quoted context omitted.

Who is this 'we' you reference? Many people came to the US long after the Trail of Tears. Are they responsible for crimes committed on Native Americans before they or their ancestors/families arrived in a recognized (at the time of arrival) Sovereign Country. Would be interested in your justification for holding citizens of today's US responsible for an event that happened more than 100 years ago, before they lived o…

> Many people came to the US long after the Trail of Tears. Are they responsible [...] Yes, the whole point of being citizens is taking responsibility collectively as a populace for the actions of the state. We collectively owe interest on the national debt. We still must abide by international treaties signed and ratified by long-dead representatives. We follow a constitution written long ago, and if we want to chan…

I have to disagree. No one chose to be citizens of the collective populace and state, they were born/forced into it since they were young. Try not to participate in the system by say not paying taxes or ignoring any law and you get locked up. Try to physically leave the system and at best you are at the mercy of another system. There was no choice where you are born. It is a collective agreement only by force.

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

#857

Earlier quoted context omitted.

Who is this 'we' you reference? Many people came to the US long after the Trail of Tears. Are they responsible for crimes committed on Native Americans before they or their ancestors/families arrived in a recognized (at the time of arrival) Sovereign Country. Would be interested in your justification for holding citizens of today's US responsible for an event that happened more than 100 years ago, before they lived o…

> Would be interested in your justification for holding citizens of today's US responsible for an event that happened more than 100 years ago, before they lived or breathed. Of course they are responsible, who else should be if not the one who are getting the historical benefits? Do you use "we" in your country only to refer to the good parts of your history, or up to the day you set foot on it? Do you think countrie…

> Of course they are responsible, who else should be if not the one who are getting the historical benefits?

This idea of generational responsibility, taken to its full extent, might have some unintended consequences. For example, aren't there historical records that indicate that the at least some Native American tribes themselves fought over territory? How should those claims be adjudicated?

How does this logic work for Dreamers(DACA beneficiaries)? Should a child who benefits from their parent's illegal activities be punished years later? Should the grand-children be punished? great-grandchildren? The Supreme Court even ruled recently that DACA was illegally established. BTW, this is another good example where Congress should have passed legislation rather then letting the situation live in legal limbo.

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

#858

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.

To give an example from the german jurisdiction, if you buy a TV that fell off the truck, you are in posession of the TV but do not have ownership of it (however, you are not required to actually give the TV back, you can do what want with it).

If you sell that TV to a third party, ownership passes to that third party and the original owner looses all property rights on it. One of the few examples where ownership can pass from a party to another without the first party's consent (in neither express or requirement).

I imagine US law isn't totally different there.

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

#859

Earlier quoted context omitted.

> Many people came to the US long after the Trail of Tears. Are they responsible [...] Yes, the whole point of being citizens is taking responsibility collectively as a populace for the actions of the state. We collectively owe interest on the national debt. We still must abide by international treaties signed and ratified by long-dead representatives. We follow a constitution written long ago, and if we want to chan…

It’s one thing to be obligated to follow the law of the country. But it’s another to be assigned moral guilt for things you have no involvement in.

what about guilt for the quantitative benefits you derive from no other reason but the position of your birth, often at the expense or detriment of others who suffer from the position of theirs?

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

#860

Earlier quoted context omitted.

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.

Representing a minority of the United States's population.
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