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 ...
What does the law say about it all?
Gorsuch writes that the Indian Reservation exists, by acts of Congress. The applicable laws by congress, in dealing with Indian tribes, are controlling.
Oklahoma claims, we are controlling cuz the reservation was given back to the state, but points to no actual law. Just common understanding.
Roberts writes the same thing. precedent shows we can do what we want to keep the peace. REGARDLESS of how the law reads.
Surprisingly, even Thomas goes with the precedent thing about “intent”.
I’m with Gorsuch on this. Written law is controlling. Congressional “intent” (remember “hanging chads”) is nothing. Vague law is no law at all. Words have meaning.
If I live on an Indian reservation am I now exempt from paying Federal income tax?
Extradition is when a person commits a crime, then flees to a different jurisdiction or country, is arrested at the request of that jurisdiction or country and sent back to face trial. This is more akin to the agreements we have with Iraq that crimes committed there by US service personnel are handled by US courts rather than Iraqi courts.
A treaty is a treaty. We’ve already broken enough of them with the various tribes. You either believe in the rule of law or you don’t.
The exodus from the decrepit cities is just the beginning. It won’t end there.
Someone else already mentioned this to me on this thread, thanks.
See my post #23 for the reply... :-D
“Sovereign” is like “Pregnant”: you either is or you ain’t.
Yes it is, and when on “Indian land” you best be aware of what their gun laws are vs the State’s. And also be aware that Tribal Police DO take prisoners ...especially of the white persuasion!
It’s not segregation if both side mutually agree?
I recall a story about some white hunters on Apache land who got caught with alcohol in camp. Very expensive lesson for them.
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Do you really think putting the toothpaste back in the tube is possible? Not being sarcastic, just doubting that its even possible given the profound cultural and demographic changes in this country. We are not the same country we used to be. As we see time and again our laws are now selectively enforced. We have a tiered legal system and that is firmly established.
Maybe read the ruling on this and see if it provides the answer.
“It was written by Justice Neil Gorsuch, a Westerner...”
Is that supposed to be reassuring or something? I can remember when being a “westerner” more or less assured a conservative American outlook on things. Not anymore. This guy is from Denver which is blue as certain parts of a man get under certain conditions. Then on to Maryland, Columbia, and Harvard. Does not bode well.
I think you could make that argument... They want their own country. This could be one way to achieve that.
Well said.
Or since they are their own nation, then they simply aren’t allowed to vote in federal and state elections.
I am a sluggard this morning and just can’t figure out GEOTUS. Help!
An indian on indian land the Court says would be tried in either a federal or indian court. I think federal would be more likely. Similar to a crime committed by a service member on military property would be tried in military court. Your analogy would be correct if a foreigner commits a crime in his country’s enbassy or consulate would be tried by that nation’s courts.
“God Emperor of the United States” — a reference to Warhammer 40k.
Thanks. This God Emperor is he a reasonable fellow?
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