Half of Oklahoma may be new Indian Territory

[BuckeyeNut]

Pending a very strange case.

[America Needs a 13-6 Progressive SCOTUS]

Hopefully this ruling holds.

[Dr. MB]

This is interesting.

Also a question - are non natives living in tribal land under tribal jurisdiction?

[BuckeyeNut]

This is interesting.

Also a question - are non natives living in tribal land under tribal jurisdiction?

I haven't a clue. Hopefully one of the forums' lawyers can answer the question.

[Kingpoleon]

This is interesting.

Also a question - are non natives living in tribal land under tribal jurisdiction?

Lack of precedent. Non-natives can’t live on reservations.

[Dr. MB]

This is interesting.

Also a question - are non natives living in tribal land under tribal jurisdiction?

Lack of precedent. Non-natives can’t live on reservations.

That is false. Oglala Lakota County, SD is fully on a reservation but is only 94% native. Corson County is also entirely on a reservation but is only 61% native.

[I spent the winter writing songs about getting better]

This is interesting.

Also a question - are non natives living in tribal land under tribal jurisdiction?

Lack of precedent. Non-natives can’t live on reservations.

Hmmm, so then my parents lied about where they lived from 1983 to 1992 and I have false memories of living there?

[Antonio the Sixth]

Huh.

[Figueira]

This is interesting.

Also a question - are non natives living in tribal land under tribal jurisdiction?

Not a lawyer, but my understanding is no, they aren't.

[I spent the winter writing songs about getting better]

Depends on what you mean by "under tribal jurisdiction". For example my parents could not vote in tribal elections as they were not members. They could still vote in elections for mayor and county offices.

But if the tribe passes a law on land use it has authority to do, that would apply to everyone living on the land in question, not just tribe members.

[🐒Gods of Prosperity🔱🐲💸]

This is interesting.

Also a question - are non natives living in tribal land under tribal jurisdiction?

In some limited ways. Tribal courts can hear contract disputes and the like between members of the tribe and nonmembers, and they can enforce prohibitions against alcohol sales. But there isn't a generalized jurisdiction over non-tribal members. One of the reasons the reauthorization of the Violence Against Women Act was controversial because it allowed tribes to prosecute and try non-members accused of domestic violence, and tribal courts aren't held to the same Constitutional standard of due process as federal and state courts.

[I spent the winter writing songs about getting better]

The most hilarious thing about Kingpoleon's statement is there are actually many Reservations that are majority white, and some that are basically Reservations In Name Only.

[jimrtex]

This is interesting.

Also a question - are non natives living in tribal land under tribal jurisdiction?

Lack of precedent. Non-natives can’t live on reservations.

Hmmm, so then my parents lied about where they lived from 1983 to 1992 and I have false memories of living there?

You are Elizabeth Warren's cousin?

[Karpatsky]

This is interesting.

Also a question - are non natives living in tribal land under tribal jurisdiction?

Lack of precedent. Non-natives can’t live on reservations.

Hmmm, so then my parents lied about where they lived from 1983 to 1992 and I have false memories of living there?

You are Elizabeth Warren's cousin?

If you needed any more proof that the whole 'Pocahontas' thing is a slur rather than an attack on Warren herself, it's that people feel the need to bring it up in situations which have nothing whatsoever to do with Warren.

[Strudelcutie4427]

The most hilarious thing about Kingpoleon's statement is there are actually many Reservations that are majority white, and some that are basically Reservations In Name Only.

Yeah, there are times ive seen interviews with "Indians" with names like James Sawczynski, Carl Schneider, and Patrick O'Connell. Isnt it you can call yourself an Indian and join a tribe if you have like 1% indian blood?

[Mr. Morden]

I think I'm going to go read Update to get its coverage of this important issue, and it's impact on Bushie's health insurance situation.

[The Mikado]

The case alleges that the Creek reservation was improperly abolished in 1907 and should still exist.



The real problem is that the exact same process was used on the other four reservations in eastern OK, so if the Creek win this, the others would follow suit, resulting in this:

[Tintrlvr]

The most hilarious thing about Kingpoleon's statement is there are actually many Reservations that are majority white, and some that are basically Reservations In Name Only.

Yeah, there are times ive seen interviews with "Indians" with names like James Sawczynski, Carl Schneider, and Patrick O'Connell. Isnt it you can call yourself an Indian and join a tribe if you have like 1% indian blood?

You can have a name like that and still be mostly Native ancestry. Just one European paternal line.

The Bureau of Indian Affairs says you are Native if you have at least 1/4 Native ancestry (which could be one grandparent, two separate great-grandparents, etc.). Different tribes have different rules on ancestry for membership.

Lots of Native Americans adopted European surnames in the period around 1870-1950 or so, too. Not hard-to-spell Polish names, but a lot of generic English/Irish/German-type names.

[I spent the winter writing songs about getting better]

The most hilarious thing about Kingpoleon's statement is there are actually many Reservations that are majority white, and some that are basically Reservations In Name Only.

Yeah, there are times ive seen interviews with "Indians" with names like James Sawczynski, Carl Schneider, and Patrick O'Connell. Isnt it you can call yourself an Indian and join a tribe if you have like 1% indian blood?

That's not what I was talking about at all.

[kcguy]

I found a Wikipedia article that lays out the required ancestry for tribal membership for various tribes.  (https://en.wikipedia.org/wiki/Blood_quantum_laws)  The percentage varies from 5/8 Ute ancestry to minimal amounts for other tribes.  For most of the Five Civilized Tribes, it looks like the only requirement is descent from someone on the Dawes Rolls.

In another article, I discovered a federal document issued to individuals named a "Certificate of Degree of Indian Blood".  Is it just me, or does this seem a little creepy?

[Orser67]

It's a shame those reservations were ever abolished. If nothing else, Native Americans should've gotten their own state (which is perhaps how things could've played out eventually).

[Kingpoleon]

This is interesting.

Also a question - are non natives living in tribal land under tribal jurisdiction?

Lack of precedent. Non-natives can’t live on reservations.

Hmmm, so then my parents lied about where they lived from 1983 to 1992 and I have false memories of living there?

No, it just wasn’t a real reservation. It was a federally-deemed reservation, and I do not recognize the legitimacy of the authority of the unelected bureaucracy and Department of the Interior.

[Dr. MB]

This is interesting.

Also a question - are non natives living in tribal land under tribal jurisdiction?

Lack of precedent. Non-natives can’t live on reservations.

Hmmm, so then my parents lied about where they lived from 1983 to 1992 and I have false memories of living there?

No, it just wasn’t a real reservation. It was a federally-deemed reservation, and I do not recognize the legitimacy of the authority of the unelected bureaucracy and Department of the Interior.

So under this criteria, wouldn't this new reservation be "federally-deemed" according to you?

[Fubart Solman]

This is interesting.

Also a question - are non natives living in tribal land under tribal jurisdiction?

Lack of precedent. Non-natives can’t live on reservations.

Hmmm, so then my parents lied about where they lived from 1983 to 1992 and I have false memories of living there?

No, it just wasn’t a real reservation. It was a federally-deemed reservation, and I do not recognize the legitimacy of the authority of the unelected bureaucracy and Department of the Interior.

Hahahahahahahaha

It would definitely be interesting to see what would happen if SCOTUS says that these reservations weren't abolished. Not sure if it would be good for the current residents, but it would be interesting.

[The Mikado]

It's a shame those reservations were ever abolished. If nothing else, Native Americans should've gotten their own state (which is perhaps how things could've played out eventually).

https://en.wikipedia.org/wiki/State_of_Sequoyah

Yeah, a lot of people were proposing that at the time.