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To: Carry_Okie

Interesting! Good to see you writing again.

About treaties...the congress can and HAS reversed treaties. They are NOT the last word. In 1866, they made a treaty with the Cherokee Nation, holding they would not be taxed on tobacco.

[snip] The Boudinot Tabacco Factory was located just inside Indian Territory near Siloam Springs, Arkansas and proved popular and lucrative to local businesses. Noticing the success of the enterprise and the temptation of revenue and reprisal, the government acted upon a law they had just imposed for a federal excise tax on tobacco and distilled spirits which did not exempt Indian Territory.

Watie refused to pay what he considered an illegitimate tax against a sovereign state and in violation of the treaty made only a year before which held Cherokee or other tribes were not subject such tax. Boudinot, having been involved in writing the language of the treaty, knew the congress and the government had acted outside the agreement.
Nevertheless, federal officers confiscated and closed the factory, seized the assets to pay the back tax and forced Watie into bankruptcy. Boudinot filed suit against the government, but typically the case was long delayed. This became a landmark decision, setting precedent that a law passed by Congress could supersede provisions of even a recent treaty.

From Chapter 16 “Jesus Wept” An American Story
http://jesusweptanamericanstory.blogspot.com/


18 posted on 10/26/2009 1:46:52 PM PDT by AuntB (If the TALIBAN grew drugs & burned our land instead of armed Mexican Cartels would anyone notice?)
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To: AuntB
About treaties...the congress can and HAS reversed treaties. They are NOT the last word.

Looks like situational supremacy to me. Had the Treasury been borrowing money from the Cherokee so that the Congress could keep spending and the Fed printing money...

19 posted on 10/26/2009 1:51:22 PM PDT by Carry_Okie (Grovelnator Schwarzenkaiser, fashionable fascism one charade at a time.)
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