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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

#51

Post by newacct583 »

bitminer wrote: post #38
newacct583 wrote: post #8

Earlier quoted context omitted.

States and reservations are orthogonal concepts. This has nothing to do with "taking land away from" a state, it's about which legal authority has jurisdiction within the borders. People on reservations still vote in their relevant state elections.

Am I correct in thinking that this is about authority, not (land) title over half of Oklahoma?

Yes. The specific case was about a murder conviction overturned because the Oklahoma county court didn't have jurisdiction over tribal land.

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

#52

Post by II2II »

blondie9x wrote: post #13

Honestly after all the Native Americans went through, give them the whole state at least. People in the United States speak and reflect often about the atrocities of slavery. We need to equally reflect on and remember the atrocities against Native Americans.

As the article suggests, this doesn't really give the land to the first nation. It simply means that it falls under federal jurisdiction.

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

#53

Post by monocasa »

cm2187 wrote: post #34
9wzYQbTYsAIc wrote: post #5

Earlier quoted context omitted.

And, either way, what are the implications to non-tribe citizens and non-tribe governments?

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.

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

#54

Post by dmix »

AnimalMuppet wrote: post #21
nwsm wrote: post #11

The decision has no bearing on land ownership or governance, but will force Oklahoma to tie up its historical loose ends. EDIT: I originally incorrectly wrote "All they did was interrupt the trial of an accused rapist." in addition to the above sentence.

He was a bit more than "accused". He was convicted. And, they didn't interrupt the trial. He's been in prison for more than two decades for this crime.

> McGirt, 71, has served more than two decades in prison after being convicted in 1997 in Wagoner County in eastern Oklahoma of rape, lewd molestation and forcible sodomy of a 4-year-old girl. McGirt, who did not contest his guilt in the case before the justices, had appealed a 2019 ruling by a state appeals court in favor of Oklahoma.

The crime part seems largely insignificant to this ruling. It was mostly just a proxy for a larger question at hand of who should have handled his case.

It's unlikely this guy will suddenly go free given his admission of guilt.

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

#55

Post by ISL »

systemvoltage wrote: post #46

Why not everyone assimilate? It is no longer "United States" when we split states off for special treatment for minorities. These minorities will further regress and never get out of the poor living conditions. Reservations are one of the most impoverished regions in the US. We should then probably go back to Genghis Khan times and challenge the whole Eurasia, Persian inlands and a bunch of other areas around the wor…

In this case, the United States made a promise, to which two parties agreed.

At issue in this case is whether or not the United States are still bound by this promise. The majority's conclusion is that they are.

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

#56

Post by justaman »

fermienrico wrote: post #16

Can someone explain why America has reservations? From what I know, Native Indians had this land almost 2+ centuries ago. Why have a special, looks like an autonomous, region and special treatment to people that are a few generations down from when this happened? How far back into the history should we go?

Most reservations are not great places to live. A google search shows there's lots of crime, depression, and poverty. I think these people should realize its difficult to live in relative isolation these days and move forward. Let them keep this land but don't attempt autonomous independence. Pick your source. An oversimplification: white-guilt. You're being downvoted because people assume this comment is racist when I think you're just asking for information.

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

#57

Post by abeppu »

> The ruling voided McGirt’s sentence of 1,000 years in prison but he could face a new trial in federal court rather than state court.

Not changed by this ruling, but it strikes me as really odd that you can sentence someone to prison for that long, or that you would bother. Why not just say life in prison? If your state is 103 years old, saying anything about the next 1000 years seems ... lacking in credibility.

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

#58

Post by ceejayoz »

systemvoltage wrote: post #46

Why not everyone assimilate? It is no longer "United States" when we split states off for special treatment for minorities. These minorities will further regress and never get out of the poor living conditions. Reservations are one of the most impoverished regions in the US. We should then probably go back to Genghis Khan times and challenge the whole Eurasia, Persian inlands and a bunch of other areas around the wor…

> 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.

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

#59

Post by pathseeker »

blondie9x wrote: post #13

Honestly after all the Native Americans went through, give them the whole state at least. People in the United States speak and reflect often about the atrocities of slavery. We need to equally reflect on and remember the atrocities against Native Americans.

What do you mean "them"? You do realize that there were many different tribes who had very drastically different interactions with the US, right?

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

#60

Post by pessimizer »

systemvoltage wrote: post #46

Why not everyone assimilate? It is no longer "United States" when we split states off for special treatment for minorities. These minorities will further regress and never get out of the poor living conditions. Reservations are one of the most impoverished regions in the US. We should then probably go back to Genghis Khan times and challenge the whole Eurasia, Persian inlands and a bunch of other areas around the wor…

> It is no longer "United States"

Yes, the first nations are not the United States.

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