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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

#721
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…

If your interested in this kind of stuff, I highly recommend the podcast "What Trump Can Teach Us About Con Law". It's a podcast focused on constitution law rulings made by the supreme court. Often looking at a current court ruling, giving historical context with historical cases that laid down precedent. The political disdain for Trump comes through the hosts a little bit, but I think it's fairly neutral in it's evaluation of the cases, and very educational.

As I understand it: The court's job is to interpret the law under specific circumstances.

As a stupid example, lets say that congress makes a law that you can't have those fake flamingos on your lawn, else you'll go to jail. Fred ignores the law and puts some fake flamingos on their lawn. The executive branch enforces the laws, so the police arrest Fred. The courts rule that you violated the law, so to jail you go.

Bob is rebellious, so he paints his fake flamingos with orange spray paint. The police arrest Bob under that law, and in court he argues a core characteristic of Flamingos is that they're pink. So really he just has decorative orange birds in his lawn. If the court agrees with his argument, then he goes free. This sets a precedent: The judicial branch didn't really make any laws here, but they kind of did. Courts don't have the power to make laws and decide on a case by case basis what's legal or not. So they take breaking precedent as a really, really big deal.

Now what congress can do is go back and make any birds in the form of flamingos illegal, no matter the color. Now that the law has changed, the courts will use a new interpretation, and Bob could now be arrested if he doesn't take down his "decorative orange birds".

However, he could make another argument in court: That he has the first amendment right to have orange flamingos because that's freedom of speech. The courts (possibly up to the supreme court) can rule that he is indeed protected by the first amendment, and nullify congress's law.

Of course, the constitution can be amended. So if people really hated fake lawn flamingos, they could go through that process and remove the first amendment's protection in this case. The bar for changing the constition is so high that it basically doesn't happen for anything political.

This is why the supreme court's rulings can be so politicized, against the court's wishes. The courts aren't political because they don't make laws, and are intended to be impartial interpreters of it. However a 5-4 split supreme court ruling today is basically law until there's a super-super-majority of people who want to change it.

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

#722

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…

Good idea. How about:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

That would keep the pesky federal government out of our personal affairs.

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

#723

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.

Haha, yeah I love how he thinks that the government shouldn't have access to our data without a warrant, period, full stop and that the 3rd party doctrine and "reasonable belief" doctines should be repealed.

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

#724

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.

the law is not morality. he interprets the law.

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

#725

Earlier quoted context omitted.

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…

Within reason right? I'm hoping that 'the right to consume anything they want for any reason' wouldn't include those things that cause sudden violent behavior and inability to feel fear and pain. I forget which particular drug does this, but a search brought me to meth and I found this article which says people feel 'invincible' and 'paranoid' and can't be stopped with non-lethal means. https://www.cpr.org/2020/02/05…

Let's start by eliminating federal drug laws, and leave it up to the states whether they want to pass laws against it.

Then, have a hard conversation about what freedom means, and whether restrictions on it really lead to better outcomes. Usually not.

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

#726
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…

> 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.

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

#727
post #319
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…

What Gorsuch's opinion does directly imply is that the "promise" to the Creek can be revoked by Congress at any time, i.e. it's hardly a "promise" at all.

I’m curious if you can give an example of a promise that cannot ever be revoked?

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

#728
post #440

Earlier quoted context omitted.

> This ruling, as I understand it, resolves a narrow technicality That is literally all of the SCOTUS rulings. It's petty listening to bright minds discuss minute details. The fact that technicalities have far reaching effects is a sign that the system is broken.

I almost think they “like” to word things in this way so they can side step the larger ramifications of their decisions to certain people. It feels frustrating to those outside the law. But that’s always been true of the law, as far as I’ve read. Also remember that our legal system is a direct inheritance of the English legal system we separated from in the 1700s. There’s actually more history to our laws than to our…

It helps if you realize that the English legal system developed as an alternative to trial by combat: https://en.wikipedia.org/wiki/Trial_by_combat. The point isn't to empower judges to make decisions that have the best "ramifications" "to certain people." It's to reach a decision that people who violently disagree about those "ramifications" are nonetheless forced to accept the result because it was reached in accordance with agreed-upon rules.

That's why so many decisions come down to careful parsing of words and "technicalities." A case that reaches the Supreme Court will usually have generated intense controversy about what is the more desirable result. Thus, the focus is on reaching a decision that people can't argue with because of scrupulous adherence to rules and doctrines.

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

#729

Earlier quoted context omitted.

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…

Within reason right? I'm hoping that 'the right to consume anything they want for any reason' wouldn't include those things that cause sudden violent behavior and inability to feel fear and pain. I forget which particular drug does this, but a search brought me to meth and I found this article which says people feel 'invincible' and 'paranoid' and can't be stopped with non-lethal means. https://www.cpr.org/2020/02/05…

You must be thinking of the devil weed: https://www.youtube.com/watch?v=zhQlcMHhF3w
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