Supreme Court, Oklahoma decision

Discussion in 'Political Issues' started by Sgt127, Jul 9, 2020.

  1. banger

    banger

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    My question concerns, who owns the ranches, farms, houses, oil fields etc..

    A house and property might have been owned by families for generations.

    Now, it is tribal...... How do honest people get out of this.

    Another question..... Anyone buying or selling peoperty right now.... Who will write a mortgage on land that is now in question.

    This could take a century to unravel.
     
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  2. okiegtrider

    okiegtrider

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    It's a fair question and bunch of us now living in former Oklahoma are wondering the same thing.
     

  3. fastbolt

    fastbolt

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    Functionally?

    Are you saying that's the same as legally? :p
     
  4. fastbolt

    fastbolt

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  5. as400guy1

    as400guy1

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    Couldn't get a better deal off a drunken....oh wait.

    I have reservations about this....
     
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  6. Pluto57

    Pluto57

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    Probably not, because it wasn't relevant. Either the treaty was still in force or it wasn't. They decided it was. What in your mind makes it defunct? Because it was ignored?
     
  7. Naelbis

    Naelbis

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    That is the rub isn't it? Can a law that still exists on paper but hasn't been enforced within the lifetime of anyone living still be considered "legally binding"? Gorusch says yes, and Oklahoma pretty much ceases to exist as a functional state. 89K tribal members now have the legal right to everything in over half the state...including the right to displace 1.8 MILLION non-tribal members. You can't say the Tribe only has authority over X within the bounds of the Res, that isn't how it works. I have a Res nearby that we deal with regularly, non-members can't own land, can't own businesses and all the water and mineral rights belong to the tribe. Imagine unilaterally imposing that on over half the state without warning...
     
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  8. agtman

    agtman 10mm Philosopher

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    Injun reservations have been considered autonomous zones since the mid-to-late 1800s, at least in theory. The very late 1800s and early 1900s saw the formation of tribal police units among the various tribal groups, and the adoption of a (roughly) working justice system and 'tribal laws' similar to those enforced in 'White Man' Landia.

    Mostly importantly, having reservations, ... your average injun was never late for dinner.

    :rofl:
     
  9. Pluto57

    Pluto57

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    Apparently, it isn't. And, BTW, 154 years isn't "hundreds".
     
  10. agtman

    agtman 10mm Philosopher

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    Injun reservations have been considered autonomous zones since the mid-to-late 1800s, at least in theory.

    The very late 1800s and early 1900s saw the formation of tribal police units among the various tribal groups, and the adoption of a (roughly) working justice system and 'tribal laws' similar to those enforced in 'White Man' Landia.

    Mostly importantly, having reservations, ... your average injun was never late for dinner. :animlol:

    :rofl:
     
    Last edited: Jul 9, 2020
  11. Pluto57

    Pluto57

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    Having a reservation doesn't insure that someone doesn't show up late for dinner.
     
  12. fastbolt

    fastbolt

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    You might do some reading about the difference between treaties and legislated law, including self-executing and non-self-executing treaties. This has been a subject of learned discussion and court review going back a long time.
    https://www.law.cornell.edu/constit...on-2/clause-2/when-is-a-treaty-self-executing

    As far as what the various Tribes decide to do on their lands (as allowed by federal laws and acts)? Dunno.

    However, this can't be the first time such questions have arisen. This situation is just going to include a lot more land area which is apparently occupied by a lot fewer (15%?) members of the tribe, and on which a lot more non-tribal American citizens have lived, worked and owned property for a long time.

    May give the state and federal courts a project to occupy them for some time. Another Lawyers Full-Time Employment Act, so to speak.

    Might also not help out the BLM and Antifa groups in that part of the state, either.
     
  13. Dreamaster

    Dreamaster

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    Background: I'm a registered Muskogee Creek citizen, born in Tulsa, very little Native blood in me though (dang white women are so pretty). But I remember in 6th grade talking about reparations (that were still being paid and honored) and one the girls in my class yelling "That's not fair! That was over 100 years ago!" It really took me by surprise. Trail of tears was BRUTAL and they were shoved into Oklahoma and then big oil hit and suddenly their last bastion of land nearly got swept away. You wanted a time limit on those reparations then the government that struck the agreement should have put that in the contract. Outside of a college scholarship I haven't benefited much now that I live in Arkansas. But sometimes with all the B.S. that goes on it's tempting to head to the tribal center and see if there is any room left for me and fam, LOL.
     
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  14. HarlDane

    HarlDane

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    Do you want justices to rule based on the end result or the law that was written down?
     
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  15. alnicoG22

    alnicoG22

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  16. banger

    banger

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    Hey, has anyone asked the most famous Native American... Elizabeth Warren her opinion?
     
  17. banger

    banger

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    My apology for jumping in again....

    A legit question..... How will this effect other Southwestern States.... This could raise it's head in places like Arizona, New Mexico and others.

    Not exactly the way I expected the United States to end.
     
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  18. fastbolt

    fastbolt

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    Depends on your purpose, huh? Counting days can be different than simply counting hours (which can be totaled to make up a "day").

    I remember when I was given a prescription of a drug and the directions stated to take x-number of pills every 6 hours, but it didn't list a maximum number (not to exceed) per a 24hr period. I presumed that'd have stated a maximum number if it was a problem.

    I started to feel some side effects, so I called to ask questions about the drug and dosage. I was told that I absolutely should not be taking the medication every 6 hours throughout a 24hr period, but only every 6 hours that I was awake. I told them that it would've been nice to know that when being given the medication.

    I was told that the presumption was that I'd be sleeping at least 8 out of 24 hours, so toxicity wouldn't occur with the "normal" dosage when taking it during waking hours. However, I was unable to sleep because of pain, so I was taking the medication as described on the bottle's directions during my waking hours. Talk about a miscommunication and/or misunderstanding. Luckily, I'd called and the directions were clarified before any organic damage had been done. I also noted that nowadays better directions are listed on prescriptions.

    Kind of like how some people think 6 months is simple to define, and it is for many common needs ... except for being specific for the number of days involved. In some legal matters a period of 180 days is listed instead of saying "6 months".

    Words mean things, but sometimes not what we may assume they mean. ;) Context and accuracy for the intended purpose matter.
     
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  19. fastbolt

    fastbolt

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    Guess we may find out if other states have acted against their obligations and responsibilities under any existing treaties with Native American Tribes?

    Who knew this one would come to light?

    Might as well get these things figured out and addressed while our country is still young.
     
  20. DAKA

    DAKA

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    Oh Oh, South Florida...there are Indians here....we have a bunch of tribes....
    Well, maybe I should cancel that house we are buying....