Imagine the possible legal implications!

https://www.theatlantic.com/ideas/a...ase-supreme-court-rules-muscogee-land/576238/

Who Owns Oklahoma?
The Supreme Court must decide the fate of a murderer—and whether roughly half of Oklahoma is rightfully reservation land.

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All you guys in eastern Oklahoma are going to be caravaning to Kansas. No legal compensation. No possum, No sop, No taters.

I've been following this for awhile now. Very interesting.

The Governor will be under the Pott Chief.....

Ok, this isn't going to be popular, but I will say it anyway. We are a people who lost the fight, and thus our lands. It is time to get over it. We are now Americans. It is time for the past to stay in the past. Yes we should remember our heritage, pass it on to the next generatin, and be proud of the contributions our ancestors and elders have made, and continue to make today. But it is time to stop suckling the teats of the government, get off the res, let that symbol of oppression evaporate, and live in the now as an important component of American culture. But what do I know, I'm just another apple as some would say.

But even though an apple is white on the inside, the seed (heart) still maintains it's dark skin.

Had a presentation on this last year by some AUSA prosecutors out of the NE federal court. Basically if the SC sides with the tribes, the federal court will be the place of prosecution, not state court if it is in those geographical boundaries. White on NA = state prosecution, NA on white = federal prosecution and NA on NA = same federal prosecution as it has been. Lots of unknown questions about taxes though. Law Enforcement would have to have federal commissions through the BIA or whoever so they can work on the federal side. Lots of unintended consequences if they side with Murphy.

I know there are lots of tribes watching this particular case. There is more to this than who prosecutes who. Tribes believe their livelihoods depend on this ruling in their favor. If it goes against their favor they believe it can affect their gaming enterprises, etc. there is going to be a reconciliation of unknown magnitudes if this is ruled favorably towards tribes. There is already talk of additional taxation of non tribal members for living on tribal land. The list goes on and on.

Subsonic said:

Had a presentation on this last year by some AUSA prosecutors out of the NE federal court. Basically if the SC sides with the tribes, the federal court will be the place of prosecution, not state court if it is in those geographical boundaries. White on NA = state prosecution, NA on white = federal prosecution and NA on NA = same federal prosecution as it has been. Lots of unknown questions about taxes though. Law Enforcement would have to have federal commissions through the BIA or whoever so they can work on the federal side. Lots of unintended consequences if they side with Murphy.

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We have Federal LEO working some of our reservations around Ponca now, with County doing cross jurisdictions in some cases. Otoe even have their own court and judge.

RETOKSQUID said:

Ok, this isn't going to be popular, but I will say it anyway. We are a people who lost the fight, and thus our lands. It is time to get over it. We are now Americans. It is time for the past to stay in the past. Yes we should remember our heritage, pass it on to the next generatin, and be proud of the contributions our ancestors and elders have made, and continue to make today. But it is time to stop suckling the teats of the government, get off the res, let that symbol of oppression evaporate, and live in the now as an important component of American culture. But what do I know, I'm just another apple as some would say.

But even though an apple is white on the inside, the seed (heart) still maintains it's dark skin.

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I agree 100%.

We Americans like to turn them into brave, stoic heroes, tragic victims of the Big Bad White Man stealing their land from them for material gain. The reality, of course, is a lot murkier than that. It was a combination of the lack of technological and societal advancement, and the spread of diseases that the native americans had no defenses for.

Native Americans have not 'owned' these lands for centuries, and although it is a story of tragedy, it is merely a continuation of the story of human civilization. Weaker nomadic tribes overtaken by a much more advanced and complex society. Remember reading about the Sacking of Rome by the Visigoths in school? Human beings for centuries have been displacing one another, and advancement of technology and society throwing out the old.

Those times, for better or worse, are long gone. only memories, culture and stories remain. There's no going back. We should honour their culture. For a long time Americans have considered 'Native Americans' as a separate people, a separate nation. different from us. I think we should get rid of all this tribal nation ********, integrate the Native Americans into our society and institute programs to preserve their culture and history. Give them education and jobs. That's how you prosper. not living on some ****** reservation in the middle of Oklahoma.

This case is about a lot more than culture and who conquered whom. It's subtle, but it's very important: it's about the rule of law. As the article notes (about 1/3 of the way down, and it's a long article), there are treaties involved, as well as federal statutes. If the appellant's claim is correct, then it really should be federal jurisdiction, not state.

Sometimes, the principles involved are more important than the case at bar, and I can't imagine a principle more important than the idea that the government must be bound by its own laws. That principle--that the government be bound by law--is the seminal principle behind Magna Carta, a legal code of significance on par with the Code of Hammurabi and the Constitution of the United States (which it predated by almost six centuries, and to which it lent significant influence).

Historically, the United States government has treated the tribes pretty shabbily. That's nothing news; conquerors often do that to the conquered. But when the conqueror prides itself--defines itself--on the rule of law and the concept of limited government, then completely disregards its own law, that's a very scary road to go down. If the appellant's position is correct (and I haven't read the briefs, so I don't know), the correct outcome would certainly be a mess, but it'd be a lot less bad than ratifying the concept that the government is, well, ungoverned by law.

Frederick said:

I agree 100%.

We Americans like to turn them into brave, stoic heroes, tragic victims of the Big Bad White Man stealing their land from them for material gain. The reality, of course, is a lot murkier than that. It was a combination of the lack of technological and societal advancement, and the spread of diseases that the native americans had no defenses for.

Native Americans have not 'owned' these lands for centuries, and although it is a story of tragedy, it is merely a continuation of the story of human civilization. Weaker nomadic tribes overtaken by a much more advanced and complex society. Remember reading about the Sacking of Rome by the Visigoths in school? Human beings for centuries have been displacing one another, and advancement of technology and society throwing out the old.

Those times, for better or worse, are long gone. only memories, culture and stories remain. There's no going back. We should honour their culture. For a long time Americans have considered 'Native Americans' as a separate people, a separate nation. different from us. I think we should get rid of all this tribal nation ********, integrate the Native Americans into our society and institute programs to preserve their culture and history. Give them education and jobs. That's how you prosper. not living on some ****** reservation in the middle of Oklahoma.

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Well, there are those pesky treaties that our Government signed with the tribes. Ones that said this land is yours as long as the sun shines and grasses grow.
The tribes used those signed treaties to gain sovereignty into what they are now. I live on the Osage Rez and am already subject to the tribal rules and regulations even though I don't claim any Native heritage with the Osage tribe.