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(Washington Post)   Feds consider taking Native American land. This not a repeat from 1830   (washingtonpost.com ) divider line
    More: Interesting, Native Americans, indigenous land rights, Alaska, Indian Country, Alaska Natives, Anchorage Daily News, feds  
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4908 clicks; posted to Main » on 02 May 2014 at 7:26 PM (2 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



28 Comments     (+0 »)
 
View Voting Results: Smartest and Funniest
 
2014-05-02 01:53:14 PM  
As far as I can tell, this would just let them make their own mini judicial system so they could handle criminal cases in a faster manner than the state does now.  Is that correct?
 
2014-05-02 05:34:06 PM  
 
2014-05-02 06:27:49 PM  

Lsherm: As far as I can tell, this would just let them make their own mini judicial system so they could handle criminal cases in a faster manner than the state does now.  Is that correct?


I think that's the *hoped* for end to this ruling.  Whether that is what we'll see or no, well, that all depends.  It's not like it's 1830 for real anymore.  You can't just send rude kids out onto ice floes and hope they stay there.

Feds owning Alaska makes me a little sicker...and the whole "in trust" thing is sort of a groupthink mess.
 
2014-05-02 06:34:56 PM  

2wolves: http://aeon.co/film/the-real-legacy-of-manifest-destiny/


That was really good. Thanks for sharing that.
 
2014-05-02 06:49:13 PM  

Langston: 2wolves: http://aeon.co/film/the-real-legacy-of-manifest-destiny/

That was really good. Thanks for sharing that.


You're welcome.
 
2014-05-02 07:43:00 PM  
"Trust" just means that it's administered by the BIA.  With new-found casino wealth, many tribes are buying private land around the reservations.  This "fee" land goes through a process and is then taken into trust by the BIA and it essentially becomes sovereign tribal land.

I've worked on a number of fee to trust projects for local tribes.
 
2014-05-02 07:51:18 PM  
The commission recommended that tribes get increased authority to enforce in tribal courts laws they for themselves.

Associated Press speakum good injun. Yup.

So if I'm reading this right, this is fiddling around with the details within the larger framework of the Federal government never accepting the treaties that the Federal government signed in the first place.

Tribal lands apparently are held "in trust" by the state right now, and this is just the feds noticing things are shiatty (so what else is new?) and promising to make things less shiatty. But still the poor innocent little reds (of course) would never want to run their own affairs. White governments will have to fight amongst themselves for who will take care of the poor dears. Sad face.

Can't we just deal with them as foreign powers, which according to every law - including the Federal Constitution - they are? I'm not trying to be complicit in continuing attempted genocide and the injuns and eskimos probably don't want us farking them up all the time.
 
2014-05-02 07:55:47 PM  

Lsherm: As far as I can tell, this would just let them make their own mini judicial system so they could handle criminal cases in a faster manner than the state does now.  Is that correct?



that's one part of it.  but unless a tribe opts in to the fairly recent Tribal Law and Order Act, a tribe's maximum punishment for any single criminal act -- homicide, sexual assault, molestation, etc. -- is only one year.
 
2014-05-02 07:57:45 PM  

granolasteak: Feds owning Alaska makes me a little sicker


Why? The federal government bought Alaska from Russia. The state of Alaska didn't, it didn't even exist. The US could have let it remain a territory forever.
 
2014-05-02 08:03:00 PM  
I would say let the Five Civilized Tribes have back Georgia, Alabama, etc. but considering the state Oklahoma is in I'm not sure how Civilized they really are.

harumph!

/shaumonekusse will have his day in the sun
 
2014-05-02 08:07:24 PM  

Lsherm: As far as I can tell, this would just let them make their own mini judicial system so they could handle criminal cases in a faster manner than the state does now.  Is that correct?


Ca$ino$
 
2014-05-02 08:11:14 PM  

SquiggsIN: I think I live in the same river valley my native ancestors lived in 400 years ago.  I wish I could kick out all of my neighbors and keep it for me alone!


Sometimes, on Fark, on encounters a post that is like a decomposing animal lying in the road. One feels curious about it, but afraid to poke it lest it rupture and spew rotten guts of idiocy all over him.
In this case, I think I'm better off not knowing.
 
2014-05-02 08:32:38 PM  
"The basic thrust of the Indian Law and Order Commission's recommendation is that the state of public safety for Alaska Natives, especially for Native women who suffer high rates of domestic abuse, sexual violence and other offenses, is unacceptable; providing trust lands in Alaska in appropriate circumstances would provide additional authority for Native governments to be better partners with the State of Alaska to address these problems," the Interior Department said in announcing the proposed rule Wednesday.


So the basic argument is that this is necessary so as to protect American Indian women from American Indian men
 
2014-05-02 08:42:39 PM  

hasty ambush: "The basic thrust of the Indian Law and Order Commission's recommendation is that the state of public safety for Alaska Natives, especially for Native women who suffer high rates of domestic abuse, sexual violence and other offenses, is unacceptable; providing trust lands in Alaska in appropriate circumstances would provide additional authority for Native governments to be better partners with the State of Alaska to address these problems," the Interior Department said in announcing the proposed rule Wednesday.


So the basic argument is that this is necessary so as to protect American Indian women from American Indian men


It doesn't seem that excessive when you consider we had to pass a Constitutional Amendment to protect black women from white men.
 
2014-05-02 08:43:06 PM  

HindiDiscoMonster: [2012patriot.files.wordpress.com image 600x450]
/can't believe I am the first...


This just won't end well.
 
2014-05-02 08:59:10 PM  
If they think more autonomy under "trust" will reduce risk to women from abuse...

the statistics from many existing "reservations" in the US say they're wrong.
 
2014-05-02 09:03:10 PM  

HindiDiscoMonster: [2012patriot.files.wordpress.com image 600x450]
/can't believe I am the first...


And sometimes people can't believe that I am so anti-big government and would rather the Feds and state just leave me the hell alone.
Nothing good ever comes from too much government involvement in people's lives.
 
2014-05-02 09:24:49 PM  

firemanbuck: "Trust" just means that it's administered by the BIA.  With new-found casino wealth, many tribes are buying private land around the reservations.  This "fee" land goes through a process and is then taken into trust by the BIA and it essentially becomes sovereign tribal land.


Came for this. Was wondering if subby even read TFA after seeing that headline.

From TFA:
"The rule barring the department from taking Alaska tribal land into trust dates back to 1980. That's when the program was created for lower 48 Native Americans. It is among "Alaska exceptions" denying Alaska Natives the same rights as lower 48 Indians and it is partly the legacy of the 1971 Alaska Native Claims Settlement Act.
The president of the National Congress of American Indians said he was "greatly encouraged" by the proposed rule change.
"The trust relationship between the federal government and tribal governments is the foundation of all policies affecting Indian Country,"
Brian Cladoosby said in a statement released Thursday. "That Alaska Native peoples have been cut out of this critical arrangement is unacceptable and has created myriad problems for those tribes."

For those who don't understand what the trust is:

What is the federal Indian trust responsibility?
The federal Indian trust responsibility is a legal obligation under which the United States "has charged itself with moral obligations of the highest responsibility and trust" toward Indian tribes (Seminole Nation v. United States, 1942). This obligation was first discussed by Chief Justice John Marshall in Cherokee Nation v. Georgia (1831). Over the years, the trust doctrine has been at the center of numerous other Supreme Court cases, thus making it one of the most important principles in federal Indian law.
The federal Indian trust responsibility is also a legally enforceable fiduciary obligation on the part of the United States to protect tribal treaty rights, lands, assets, and resources, as well as a duty to carry out the mandates of federal law with respect to American Indian and Alaska Native tribes and villages. In several cases discussing the trust responsibility, the Supreme Court has used language suggesting that it entails legal duties, moral obligations, and the fulfillment of understandings and expectations that have arisen over the entire course of the relationship between the United States and the federally recognized tribes.

Alaska (which became a state in 1959--which many of our parents probably remember) was excepted from the trust, as TFA describes, largely due to the ANCSA. When AK became a state, some of the Indians were not informed of their rights as determined by SCOTUS and what would happen as a result of joining the Union. Long story short, Nixon appointed AK's governor (who'd basically shafted the Indians already)--over Indian protests--to Sec of the Interior, let him shaft them again, and signed it into law (but come on, it was Nixon--what do you expect?).

The government isn't taking anything. This is a case of righting a wrong that's older than I am. Nice trolltastic headline, though.
 
2014-05-02 09:57:33 PM  

Omahawg: I would say let the Five Civilized Tribes have back Georgia, Alabama, etc. but considering the state Oklahoma is in I'm not sure how Civilized they really are.

harumph!

/shaumonekusse will have his day in the sun


I would give more natives in Oklahoma more credit for being civilized than many of good ol white boys.
 
2014-05-02 10:18:11 PM  

HindiDiscoMonster: [2012patriot.files.wordpress.com image 600x450]
/can't believe I am the first...


Where's an armed brave militia when you need them?
 
2014-05-02 10:52:58 PM  

EngineerAU: granolasteak: Feds owning Alaska makes me a little sicker

Why? The federal government bought Alaska from Russia. The state of Alaska didn't, it didn't even exist. The US could have let it remain a territory forever.


The federal government didn't buy Alaska, the United States did.  They didn't have to make it a state, (and they really didn't want to), but since they did, well, it falls under the 10th amendment. This is actually a good thing for the native americans up there. The Feds still own 65% of the state.  Wonder why they did it, not like they care. Might be a set up to stop the annual payment dividend to those on Indian land - They'll make up for it by building casinos out on the tundra for the dozens of visitors that might show up every year.
 
2014-05-03 12:16:51 AM  

Aigoo: firemanbuck: "Trust" just means that it's administered by the BIA.  With new-found casino wealth, many tribes are buying private land around the reservations.  This "fee" land goes through a process and is then taken into trust by the BIA and it essentially becomes sovereign tribal land.

Came for this. Was wondering if subby even read TFA after seeing that headline.

From TFA:
"The rule barring the department from taking Alaska tribal land into trust dates back to 1980. That's when the program was created for lower 48 Native Americans. It is among "Alaska exceptions" denying Alaska Natives the same rights as lower 48 Indians and it is partly the legacy of the 1971 Alaska Native Claims Settlement Act.
The president of the National Congress of American Indians said he was "greatly encouraged" by the proposed rule change.
"The trust relationship between the federal government and tribal governments is the foundation of all policies affecting Indian Country," Brian Cladoosby said in a statement released Thursday. "That Alaska Native peoples have been cut out of this critical arrangement is unacceptable and has created myriad problems for those tribes."

For those who don't understand what the trust is:

What is the federal Indian trust responsibility?
The federal Indian trust responsibility is a legal obligation under which the United States "has charged itself with moral obligations of the highest responsibility and trust" toward Indian tribes (Seminole Nation v. United States, 1942). This obligation was first discussed by Chief Justice John Marshall in Cherokee Nation v. Georgia (1831). Over the years, the trust doctrine has been at the center of numerous other Supreme Court cases, thus making it one of the most important principles in federal Indian law.
The federal Indian trust responsibility is also a legally enforceable fiduciary obligation on the part of the United States to protect tribal treaty rights, lands, assets, and resources, as well as a duty to carry o ...


How's that 'moral obligation of the highest responsibility and trust' thing working out?

Billions Missing From U.S. Indian Trust Fund
http://www.monitor.net/monitor/free/biatrustfund.html
 
2014-05-03 12:20:25 AM  
I just read about the Bloody Island Massacre the other day. Makes me hate the pale skins.

http://en.wikipedia.org/wiki/Bloody_Island_Massacre
 
2014-05-03 01:00:46 AM  
I hear there are FREE! blankets at the Anchorage Walmart.

/problem solved.
 
2014-05-03 02:10:22 AM  
This is what happens when you don't sign up for Obamacare.
 
2014-05-03 02:30:36 AM  
I am only part Native, my Dad grew up on the Winnebago Reservation in Nebraska, and the video from 2wolves made me cry. Reminded me so much of what I saw as a child and what I see whenever I go back to the Rez. Thanks Aeon for making that video, I only hope more people see it and take action. Honor the Treaties!!
 
2014-05-03 09:26:06 AM  

phalamir: hasty ambush: "The basic thrust of the Indian Law and Order Commission's recommendation is that the state of public safety for Alaska Natives, especially for Native women who suffer high rates of domestic abuse, sexual violence and other offenses, is unacceptable; providing trust lands in Alaska in appropriate circumstances would provide additional authority for Native governments to be better partners with the State of Alaska to address these problems," the Interior Department said in announcing the proposed rule Wednesday.


So the basic argument is that this is necessary so as to protect American Indian women from American Indian men

It doesn't seem that excessive when you consider we had to pass a Constitutional Amendment to protect black women from white men.


So what you are saying is the female American Indians are slaves of male American Indians?
 
2014-05-04 03:15:26 AM  
Eventually, someone will say something about "the negro" and all the legal issues will magically disappear and the federal government will be able to do anything they want.
 
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