OK Governor threatens the state's more than 40 Native American tribes.

[alwaysinasnit]

https://www.rawstory.com/oklahoma-native-american-sovereignty-kevin-stitt/

Oklahoma Gov. Kevin Stitt, a Republican, has warned the states of many Native American tribes that if they allow abortion on sovereign land he will intervene.

snip...

Native American tribes are allowed to govern themselves on their own land. Their sovereignty is the reason that they can have things like casinos in states where it is banned. Once known as Indian Territory, the state has more than 40 tribes in its borders.

It was just last month that Oklahoma politicians faced off against tribes in an ongoing refusal to cooperate with the Supreme Court decision in McGirt v. Oklahoma.

"In the McGirt ruling, the Supreme Court held that much of eastern Oklahoma is Indian country under the terms of an 1833 treaty between the U.S. government and the Muscogee Creek Nation," explained Professor Kirsten Matoy Carlson of Wayne State University. "Based on that treaty and an 1885 federal law, the ruling effectively means that the state of Oklahoma cannot prosecute crimes committed by or against American Indians there. Federal and tribal officials are the only ones who can pursue these cases."

Oklahoma's state government has asked the Supreme Court to rehear the case over 40 times. Under the existing Supreme Court rulings, about 43% of Oklahoma is ruled by tribal lands. It ultimately means that the GOP governor doesn't have control over the whole state when it comes to his laws.


_____________________

Maybe Clarence Thomas should direct his comments about "not liking the results" to Gov. Stitt.

[Tetrachloride]

1. Way to p off the Tribes, nationwide

[LiberalFighter]

2. I wonder what powers the tribes have on their lands

regarding any crimes committed by Stitt or any of his representatives? I hope they rig up some prisons for them.

[mopinko]

4. pretty sure they can only try enrolled citizens.

[OldBaldy1701E]

10. What about trespassers?

If the state sends in police or state guard, can't the tribe detain and 'deport' them? And, if the rednecks in the police decide to 'whip it out', cannot the tribe defend itself with whatever it takes?

[wnylib]

23. Depends on the reasons given for

them entering tribal lands.

As sovereign nations, each tribal nation is self governing within its territories. But, Native people are also US citizens and subject to federal laws. Jurisdiction can be a gray area on some issues. I compare the status of tribal nations to Puerto Rico - self governing territories but US citizens. Except that Native nation territories are located within mainland states and are surrounded by those states. Tribal nations each have their own treaties negotiated with the federal government.

[OldBaldy1701E]

29. Yes, the Federal government not the state governments.

At the state level, it would be akin to one state trotting their state militia into another state to try and make them adhere to the aggressing state's laws. I just cannot see that being allowed by anyone, much less a territory that has no deference to any state, because it is the same entity as a state. So, regardless of whatever reason that state entity can give, it should not fly in the face of the invading territory being subjected to the aggression of it's neighbors. Yes?

[wnylib]

31. You are correct on all points, except.........

Sometimes a tribal nation enters into a contract with a state government, as the Seneca Nation did with New York State on casino gambling. That has created a sore point with the Seneca because the state did not hold up its side of the contract. The Seneca Nation then withheld the percentage of profits that it had agreed in the contract to pay NY, in order to use it as leverage for the state to eitherr honor its side of the contract or negotiate a new one.

But, Governor Kathy Hochul ended the standoff by freezing Seneca government bank accounts until they agreed to pay. They had no choice. The Seneca Nation needed those funds for their healthcare agencies, food to the needy, etc. To add insult to injury, Hochul then gave the millions paid by the Seneca to a fund for a Buffalo Bills stadium. Non Native people in the state are also dissatisfied with the use of those funds to support a private, billionaire-owned sports team.

She permanently lost support among all of the Seneca and among non Native people who disapprove of her strong arm tactic.

I will never vote for a Republican, but I will have to hold my nose in voting for Hochul this year. If a winning Dem alternative existed, I would vote for him/her in a heartbeat.

There is still some legal wrangling over it between state, federal, and Seneca governments. A previous federal ruling had required the Seneca to make the payment, based on their contract with the state. But the Seneca position is that the state invalidated the contract by not living up to its side of it. Meantime, Hochul's name is worse than mud among the Seneca and their supporters.

[OldBaldy1701E]

32. The Seneca Nation should have screamed about genocide after they froze such assets.

Which is defacto what that was. The Seneca might look into not using outside banking and start their own. (I have no idea how to go about this, as anything to do with money has been already tried by the greedy here in the US and probably has a law against it.) I say again one of the biggest horrors that the US has fostered on the rest of the world is the idea that this greedy, winner takes all capitalism is not only acceptable, but is preferred to anything else. Hell, everything else should be outlawed because nothing is better than unbridled greed!

(I still maintain that any US entity that finds itself being 'attacked' by another US entity has the right to defend itself and that right certainly extends to detaining and deporting anyone who is basically a seditionist in that they are trying to ignore federal law in favor of fascist scare tactics designed to force capitulation. But, that is just me. By the way, I am curious. Did the Seneca expect the NY legislature to honor their end of the bargain? What made them feel that they would?)

[Runningdawg]

11. Stitt CLAIMS to be a card-carrying member of my Cherokee Nation. We don't claim him.

[wnylib]

21. True.

[Beartracks]

3. Stitt and OK Republicans express such disrespect to, and disregard for, Native Americans.

Threatening tribal sovereignty, using abortion as the excuse, is repugnant, like Putin laying the groundwork for his illegal invasion of Ukraine.

==========

[patricia92243]

5. The key phrase is "Under the existing Supreme Court ruling." As we have seen

the Supremes can and will change their mind in a heartbeat.

There is not a chance in hell that they won't change the ruling if the tribes make their lands available for abortions.

[bluestarone]

7. THAT would open up a big ass

Can of worms!

[Jilly_in_VA]

6. Not so fast, cowboy

Those reservations are federal land. You can't do that.

Also, I have been given to understand that Kevin has indigenous ancestry--quite a bit of it, from the looks of him. This kind of thing would make him an Apple. Ask any Native American what that is.

[ShazzieB]

24. I didnt know any native Americans to ask, so I googled.

Abd I found this:

Apple Indian
Used to refer to a North American Indian who thinks like or supports white people ( red on the outside, white on the inside). The equivalent of one black calling another an "Oreo."
https://www.urbandictionary.com/define.php?term=Apple%20Indian

So I learned a new word today, thanks!

[Jilly_in_VA]

27. You're welcome

I learned it from a Ho-Chunk friend back in Wisconsin in the 1960s.

[Trueblue1968]

8. Kevin Stitt -- LEAVE THE INDIANS ALONE, YOU EVIL PIECE OF $HIT

[Budi]

9. How much State income Tax does OK collect from the 110+ casinos operating on tribal lands

Just asking.

More than 110 casinos across Oklahoma deal the thrills of slot machines, poker, blackjack, and live entertainment. Several of Oklahoma's casinos are full-fledged resorts featuring thousands of slots, gaming tables, their own hotels, fine dining restaurants, pools and even golf courses.

https://www.travelok.com/casinos_and_gaming#:~:text=More%20than%20110%20casinos%20across,pools%20and%20even%20golf%20courses.

[In It to Win It]

12. Can the state even enforce a tax on tribal land?

[Budi]

15. All casino wins over $1100 are taxed by Federal &,State.

And yes, there are A LOT of taxable wins.
The State of OK does indeed collect revenue from Tribal Casinos.

[Brother Buzz]

13. It's really so simple that even G W Bush can explain Tribal Sovereignty

[Runningdawg]

14. Stitt bit off more than he can chew.

He thinks McGirt is a pain in his ass? That ruling only encompassed a few tribes and perhaps 1/4 of the total land in OK. We have 77 nations represented in what was once called Indian Territory. Except for a few up on the KS border, most of those tribes were sent here by the government. Nobody is going to be moved again and OK Native women aren't going to be property of this state again.

[Budi]

16. Bravo

[multigraincracker]

17. Treaties as Law of the Land.

https://law.onecle.com/constitution/article-2/18-treaties-as-law-of-the-land.html


Treaty commitments of the United States are of two kinds. In the language of Chief Justice Marshall in 1829: “A treaty is, in its nature, a contract between two nations, not a legislative act. It does not generally effect, of itself, the object to be accomplished; especially, so far as its operation is intraterritorial; but is carried into execution by the sovereign power of the respective parties to the instrument.”

“In the United States, a different principle is established. Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself, without the aid of any legislative provision. But when the terms of the stipulation import a contract—when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract, before it can become a rule for the Court.”270 To the same effect, but more accurate, is Justice Miller’s language for the Court a half century later, in the Head Money Cases: “A treaty is primarily a compact between independent nations. It depends for the enforcement of its provisions on the interest and the honor of the governments which are parties of it.... But a treaty may also contain provisions which confer certain rights upon the citizens or subjects of one of the nations residing in the territorial limits of the other, which partake of the nature of municipal law, and which are capable of enforcement as between private parties in the courts of the country.”271

[RussellCattle]

18. If white folk want to go to the rez for untaxed cigarettes and otherwise illegal gambling.....

.....then they shouldn't mind if the native folk conduct their tribal health care a little differently too.

[ShazzieB]

19. BRB, right after I go add Oklahoma Gov. Kevin Stitt to my master list

of people who need to go fuck themselves, immediately if not sooner.

P.S. Damn, this thing is getting long!

[calimary]

20. Shame on him!

Dude, show some respect! They were here FIRST!

[ShazzieB]

25. Right? JFC, leave those people the hell alone.

[Fiendish Thingy]

22. I hope there is some serious discussion to expand reproductive healthcare services on tribal lands.

[ShazzieB]

28. Yes 1000!

For multiple reasons--more reproductive healthcare in states that would otherwise have nothing PLUS the fun of pissing off hypocritical forced birther politicians like Stitt = a double win!

[DFW]

30. If we can send weapons to the Ukrainians because they are under attack from a hostile neighbor

I should think we can offer Native Americans the same courtesy, no?