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Skeleton Case Challeges 'Native American'
Associated Press ^ | 9/10/08 | WILLIAM McCALL

Posted on 09/10/2003 9:06:22 PM PDT by anymouse

With both sides clashing over the definition of "Native American," an appeals court heard arguments Wednesday on whether a 9,300-year-old skeleton known as Kennewick Man belongs to scientists or Indian tribes.

The Interior Department has been fighting with scientists over control of the bones since they were discovered in 1996 along the banks of the Columbia River near Kennewick, Wash.

Anthropologists want to do research on the skeleton. But then-Interior Secretary Bruce Babbitt ruled three years ago the bones should be handed over to the tribes for reburial. Last October, U.S. Magistrate John Jelderks overturned Babbitt and approved research on the bones.

Jelderks agreed with arguments by scientists who said there was no direct link between the skeleton and modern tribes.

The government and the tribes appealed, and argued their case on Wednesday before a three-judge panel of the 9th U.S. Circuit Court of Appeals.

The definition of "Native American" is at issue because of differing interpretations of a 1990 federal law aimed at returning Indian remains to tribes and discouraging illegal trafficking in bones or artifacts taken from burial sites.

The law defines Native American as someone "indigenous to the United States."

Judge Susan Graber asked whether the definition could cover any bones found in North America that were so old they rivaled the age of ancient fossils.

"Yes, they would be considered Native American," said Ellen Durkee, a Justice Department attorney representing the Interior Department.

But Paula Barran, attorney for the scientists, argued that Congress in its definition did not intend to include people who lived that long ago.

She said the law was not intended to block scientific research to determine how ancient settlers arrived in North America.

Kennewick Man drew scientific interest because it is one of the oldest, most complete skeletons found in North America, with characteristics unlike modern Indians.

In his ruling last October, Jelderks said the term "Native American" requires "a cultural relationship" with a modern tribe to qualify under the 1990 law. He said his review of court documents, including scientific reports, produced no evidence to support any cultural link between Kennewick Man and the Northwest tribes seeking reburial.

The appeals court is not expected to rule until next year. Attorneys for both sides said they expect further appeals whatever the ruling.


TOPICS: Culture/Society; Extended News; Government; News/Current Events; US: Oregon; US: Washington
KEYWORDS: anthropology; archaeology; clovis; court; fossil; ggg; godsgravesglyphs; history; indians; interior; justice; kennewick; kennewickman; law; nativeamerican; preclovis; precolumbian; science
Political Correctness vs. Science.
1 posted on 09/10/2003 9:06:22 PM PDT by anymouse
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To: blam
ping!
2 posted on 09/10/2003 9:11:23 PM PDT by annyokie (One good thing about being wrong is the joy it brings to others.)
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To: anymouse
A few years back, Babbitt supported a Northwest Indian tribe in their "traditional religious hunt" for a whale off the Pacific Coast wherein the hunters used the ancient traditional Native American method of discharging a .50 caliber elephant rifle bullet into its skull to kill the leviathan.
3 posted on 09/10/2003 9:27:03 PM PDT by RangerHobbit (I ar a publik skool gradgeet an im not stoopit)
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To: annyokie; anymouse; farmfriend; RangerHobbit
I think the "cat" is out of the bag.

European DNA Found In 7-8,000 Year Old Skeleton In Florida (Windover)

Bye, Bye Beringia (8,000 Year Old Site In Florida (Windover)

4 posted on 09/10/2003 9:34:38 PM PDT by blam
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To: blam
Yes, European ancient DNA in Florida, Kenniwick man a different asiatic group than the supposed progenitors of Amerinds, Ancient groups in Latin America that seem to have been African and Polynesian.

Looks like everyone and his brother wandered through over the millinia.

5 posted on 09/10/2003 9:46:56 PM PDT by and the horse you rode in on (Real Texicans; we're grizzled, we're grumpy and we're armed)
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To: anymouse
Political Correctness vs. Science.

Amen! Their victimhood would disappear if it was allowed that they were NOT the first Americans. They'll fight tooth and nail to keep it.


6 posted on 09/10/2003 9:57:06 PM PDT by ETERNAL WARMING
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To: anymouse
Well, I don't know, who is more PC, native Americans wanting to respect their religion and dead, or some academic wanting power.....
7 posted on 09/10/2003 9:58:34 PM PDT by Porterville (I spell stuff wrong sometimes, get over yourself, you're not that great.)
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To: and the horse you rode in on
Yup, I think the Chapcahpoyas may have been the miners exiled from King Solomon's gold mines which I suspect were in Peru.

Chacahpoyas

8 posted on 09/10/2003 9:59:24 PM PDT by blam
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To: and the horse you rode in on
Skulls Found In Mexico Suggest That Early Americans Would Have Said G' Day Mate
9 posted on 09/10/2003 10:03:45 PM PDT by blam
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To: anymouse

Statue Found In Olmec (1200BC) Ruins In Mexico

Also, Jomon (Japan) Cord pottery has also been found in Olmec ruins.

10 posted on 09/10/2003 10:06:10 PM PDT by blam
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To: blam
I fervently hope the "cat" is outed for good.

Truth might be refreshing to some.

11 posted on 09/10/2003 10:07:24 PM PDT by Spirited
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To: ETERNAL WARMING
"Amen! Their victimhood would disappear if it was allowed that they were NOT the first Americans. They'll fight tooth and nail to keep it"

I was at the Canyon de Chelly Navajo Reservation during the height of the Kennewick Man controversy, and let me tell you, "indignation" doesn’t even come close to describing the belligerent ranting one heard on the Native American radio network over this singular event. The phone lines were burning up with every imaginable "white man" slander you could dream of. Of course it was all a conspiracy by the white man to "steal more of our land".

The real irony in all this is that the Indians were absolutely unabashed about decrying the scientific method and anything having to do with Western scientific empiricism, and the tools they used to do that very thing were radio broadcast towers, state-of-the-art electronics, and cell phones. Go figure.
12 posted on 09/10/2003 10:18:00 PM PDT by RangerHobbit (I ar a publik skool gradgeet an im not stoopit)
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To: and the horse you rode in on
"Looks like everyone and his brother wandered through over the millinia."

Nothing ever changes over at INS...

13 posted on 09/10/2003 10:20:25 PM PDT by Joe 6-pack (On this day we remember not only those fallen, but also those responsible...)
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To: anymouse
if "Native" Americans came from Asia over a land bridge, how does that make them any more "indigenous" than other Asian-Americans? i don't get it.
if we all came out of Africa, aren't we all (including the Native Americans) really African-Americans?
these categories all seem very suspect to me.
14 posted on 09/10/2003 10:56:44 PM PDT by drhogan
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To: and the horse you rode in on
Looks like everyone and his brother wandered through over the millinia.

Makes ya wonder how many got eaten by Saber-toothed Cats and Hyenas.

When People Fled Hyenas

Saber tooths and Hominids

15 posted on 09/10/2003 10:59:43 PM PDT by HP8753 (My cat hates static electricity....)
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To: and the horse you rode in on
Looks like everyone and his brother wandered through over the millinia.

I think so. Columbus was by no means the first to cross the Atlantic, he was just the first to come back and publicize his discovery.

-ccm

16 posted on 09/10/2003 11:20:45 PM PDT by ccmay
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To: anymouse
"Political Correctness vs. Science"

Obviously, the "Native Americans" didn't understand the political correctness of welcoming immigrants. They must have had tribal disputes over the development and enforcement of immigration laws.

:^)

17 posted on 09/11/2003 12:13:07 AM PDT by Susannah (Over 200 people murdered in L. A.County-first 5 mos. of 2003 & NONE were fighting Iraq!!)
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To: anymouse
btt
18 posted on 09/11/2003 3:43:36 AM PDT by Spirited
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To: RangerHobbit
This is an old Indian joke I remember from growing up in Oklahoma:


Before the white man came,

there were
no taxes
no pollution
all the land you wanted
and women did all the work

Did they honestly think they could change a system like that?
19 posted on 09/11/2003 4:27:25 AM PDT by judicial meanz
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A Blast from the Past.

To all -- please ping me to other topics which are appropriate for the GGG list. Thanks.
Please FREEPMAIL me if you want on or off the
"Gods, Graves, Glyphs" PING list or GGG weekly digest
-- Archaeology/Anthropology/Ancient Cultures/Artifacts/Antiquities, etc.
Gods, Graves, Glyphs (alpha order)

20 posted on 02/22/2006 8:07:23 AM PST by SunkenCiv (The love of learning, the sequestered nooks, And all the sweet serenity of books. (Longfellow))
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