Posted on 07/09/2020 8:05:23 AM PDT by Stravinsky
WASHINGTON — The Supreme Court on Thursday ruled by a 5-4 margin that nearly half of Oklahoma is an Indian reservation in the eyes of the criminal-justice system, preventing state authorities from prosecuting offenses there that involve Native Americans.
The decision was potentially one of the most consequential legal victories for Native Americans in decades. It was written by Justice Neil Gorsuch, a Westerner who has sided with tribes in previous cases and joined the court’s more liberal members.
(Excerpt) Read more at nytimes.com ...
SCOTUS now says that is a no-no. The Indian must be tried by Indian Courts.
A case like this happened in Canada a few years back.
A First Nations teen killed a white woman and FN demanded the young man be handed over to them for to punish as they saw fit.
The Canadian government conceded.
I have an old map...circa 1900. I think it shows the reservation lands...I’ll take a peak.
You know how GEOTUS feels about sex crimes against children?
Out of the frying pan into the industrial blast furnace for the plaintiff, despite the ruling. (Remember, he's already been convicted "beyond a reasonable doubt" -- despite the jurisdictional tangle, which does not automatically make the evidence invalid...)
Do we have a treaty with that country saying that?
Happens all the time here in New Mexico - major crimes committed on reservations or pueblo lands are investigated by the FBI and prosecuted by the US attorney. One of the most horrific crimes that took place on the Navajo Reservation in 2016 was a member who kidnapped, raped and murdered an 11-year old girl near Shiprock. He was caught and in a plea deal received a life sentence instead of execution.
Yep, getting real.
But then....what about double jeopardy.
this is just a very small step away from the court deciding that the land must be “returned to its rightful owners” (which the court will characterize as the Indian tribes). if the laws of your state don’t apply (or can’t be enforced) in your town, then there’s no remaining sovereignty in a practical sense
and your land ownership/title is recognized, upheld, and supposedly defended by your state and its sovereignty, power to enforce its laws
for instance, there’s a state law against trespassers walking across your lawn. there’s a state law against squatters moving into your house without your permission. these are state laws. now that the state of Oaklahoma can’t enfoce its laws in all of these cities, towns, communities, and regions, ... where does this leave your property rights?
we will find out soon, at least by the time of the next court decision
Starting to get scary, isn’t it??
“With each passing day the country becomes more and more unglued. There’s not much left holding us together as a country anymore.”
Sad, but true.
So what becomes of the oil royalties that are coming from the half that was ruled a Indian reservation?
Nope, my two brothers and their families live there. It is deep crimson just now with a feathered head dress.
Indian or Federal Court...
Separate but Equal?..........It worked so well, before................
Cherokee people
Cherokee pride
Too young to live
Too young to die
Now your singing that song.....
It’s called “Extradition Treaties”. There are many with different countries.
“...if a Foreigner commits are crime in the USA, do we have to send the Foreigner back to their country to be tried?”
Good question.
If they’re Muslim; maybe SCOTUS will next require a Sharia Court be created for those cases.
Would you bet against that?
According to this article cases can still be tried in federal courts, but the bad part is hundreds of local cases may have to be retried in federal courts.
I also get the feeling from the article that Congress may have the authority to return jurisdiction back to the state.
Does that mean the Cherokee get to start buying and selling slaves again?
“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”There’s a reason why Adams said that.
— John Adams
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