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To: jamese777
US Law allows for limited tribal sovereignty and federal law allows for commonwealth status such as that of Puerto Rico and The Virgin Islands.....The Supreme Court has never ruled sovereign tribal lands to be unconstitutional. In fact the US Supreme Court has upheld the constitutionality of old treaties that had been abrogated.

All true, but the historical criticism of this Bill (since its orgin in 2000)is that Hawaiian Natives are not Indians and congress has no authority regulate them. The court has upheld Indian sovereignty because of the history of Indian Nations, unlike the Hawaiian monarchy that had been over thrown.

Additionally, the territory argument does not apply because Hawaii is a State and congress can not carve out lands within a state.

16 posted on 02/23/2010 12:05:58 PM PST by 11th Commandment (http://www.thirty-thousand.org/)
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To: 11th Commandment

One more time, courts give Indians additional land within states all the time due to abrogated treaties.


17 posted on 02/23/2010 12:29:44 PM PST by jamese777
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