In the event the federal government dissolved, what would happen to the Native American reservations (user search)
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  In the event the federal government dissolved, what would happen to the Native American reservations (search mode)
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Author Topic: In the event the federal government dissolved, what would happen to the Native American reservations  (Read 2199 times)
dead0man
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« on: August 28, 2023, 12:06:37 PM »

Tribal sovereignty predates the United States and would persist after it.

Tribal sovereignty is a myth that is theoretically enforced by the federal government holding "Indian land" in trust and thus stopping state sovereignty from going into effect. If the federal government ceased to exist, "Indian land" would be held by the states under the same provisions as any other state land, and the reservations would disappear.

Wrong, see above. States lack sovereignty over tribes, which are not organized under or subject to state law. This is why tribes cannot, for example, be subject to suit in state courts, regardless of whether they have trust land. There are also certain tribes that exercise all the usual powers of tribes over their land despite holding it in fee simple themselves, as opposed to the federal government holding it in trust.
and what would stop a state from changing it's laws on the subject?  If the Federal govt went away, but the state govts didn't, all previous Federal rules wouldn't exist.  The individual states would have to write new laws concerning NA land.  I would assume most state govts would keep them around under a similar situation, but some might not.  There isn't much the Native Americans would able to do about it if the state wanted to be dicks about it.
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dead0man
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« Reply #1 on: August 28, 2023, 12:31:21 PM »

For the same reason Ohio cannot write laws and expect them to have any force in Tennessee. States have no power to "write laws concerning NA land" — tribes are separate sovereigns.
and if Oklahoma changes it's laws post dissolve of the Feds, who is going to stop them?
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dead0man
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« Reply #2 on: August 28, 2023, 12:46:34 PM »

The key questions to ask here are what, if anything, would replace the federal government, and what's causing the federal government to dissolve? "The 50 states all become independent countries" isn't feasible because many states aren't viable as independent countries
1.there are a lot of currently independent countries that aren't viable
2.I'd assume there would be new, smaller, Federal entities formed in the various regions, certainly some currency sharing would be in the works*
3.lists have three things


*the ways this is going to play out in the midwest states with big cities is going to be interesting.  I could see a further fracturing of states if such a situation were to play out.  It could get ugly fast.  Imagine if 85% of Illinois left the state of Illinois because they hated Chicago and Chicago tried to use force to bring them back inline?
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dead0man
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Posts: 46,542
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« Reply #3 on: August 28, 2023, 05:14:21 PM »

For the same reason Ohio cannot write laws and expect them to have any force in Tennessee. States have no power to "write laws concerning NA land" — tribes are separate sovereigns.
and if Oklahoma changes it's laws post dissolve of the Feds, who is going to stop them?
We have seen with the Ukraine situation how democratic nations are willing to band together to fight back against wars of conquest by authoritarian regimes. I would hope we would see similar measures to curb Oklahoma's territorial ambitions and maintain a rules-based international order.
that clearly isn't 100% though, there are many examples where we didn't do anything other than send a strongly worded letter.  And in a world without the US military to ferry all our allies around?  California or Canada might piss a fit, but what are they going to do if the states in between tell them to go pound sand?
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