U.S. Supreme Court deems half of Oklahoma a Native American reservation

[Napoleon]

The ruling means that for the first time much of eastern Oklahoma is legally considered reservation land. More than 1.8 million people live in the land at issue, including roughly 400,000 in Tulsa, Oklahoma's second-largest city.

Tribe members who live within the boundaries are now set to become exempt from certain state obligations such as paying state taxes, while certain Native Americans found guilty in state courts may be able to challenge their convictions on jurisdictional grounds. The tribe also may obtain more power to regulate alcohol sales and expand casino gambling.

The ruling could affect the other four of the "Five Tribes" in Oklahoma: the Cherokee, Chickasaw, Choctaw and Seminole tribes.

This is huge news with massive implications on governance, criminal prosecution, taxation, and land use policies.

 

[Rexedgar]

As soon as something valuable is found.............

 

[Napoleon]

As soon as something valuable is found.............

It’s going to be very interesting to see the dynamic between the Tribal government and Tulsa’s City Council.

 

[bluesmoke]

This is huge news with massive implications on governance, criminal prosecution, taxation, and land use policies.

Good news. Too bad that fella in jail is still alive.

 

[bluesmoke]

As soon as something valuable is found.............

......they sent in Custer...

 

[Jredbaron96]

Can we just give them all of Oklahoma?

 

[bluesmoke]

It’s going to be very interesting to see the dynamic between the Tribal government and Tulsa’s City Council.

It's only to do with federal criminal law.

 

[Napoleon]

It's only to do with federal criminal law.

This decision means Native Americans within the treaty boundaries are no longer subject to State law or taxation and the Tribal Government has governance and regulatory authority within these treaty boundaries - recognized as half the State of Oklahoma. Only the Federal government has criminal jurisdiction over Native Americans in that area now and because Tulsa is on the reservation the Tribal Government can make decisions about land use, alcohol regulation, etc. without permission or input from the Tulsa City Council. I’m not even sure if the Tulsa City Council has any authority since it’s all Tribal land now.

 

[Tigerace117]

As soon as something valuable is found.............

Osage Indian murders - Wikipedia

 

[Simon W. Moon]

It's only to do with federal criminal law.

Iirc, though, the reasoning was that the treaty had not been amended or changed, so it was still enforceable in its existing form.

The implication is that all of the treaty elements are also equally enforceable for the same reason.

 

[eman623]

Can we just give them all of Oklahoma?

Sure, but they have to take Pocahontas back too. It's a package deal.

 

[JANFU]

It’s going to be very interesting to see the dynamic between the Tribal government and Tulsa’s City Council.

Including all towns, and the State / Fed Govts

More court cases will come from this decision on areas you mentioned, land use, to environmental, taxation, and more

 

[Napoleon]

Including all towns, and the State / Fed Govts

More court cases will come from this decision on areas you mentioned, land use, to environmental, taxation, and more

Most certainly. I’m keeping an eye out for the filing of a class action lawsuit to return tax monies.

 

[JANFU]

Most certainly. I’m keeping an eye out for the filing of a class action lawsuit to return tax monies.

No doubt scores of high powered law firms have/will contact Tribal leadership

 

[lemmiwinx]

Why not give all the indigenous people of the world and all descendants of former slaves their 40 acres and a mule already. We have more important things to worry about like the WuTang flu and rogue planet destroying asteroids. Let's put this issue behind us.

 

[2distracted]

This is huge news with massive implications on governance, criminal prosecution, taxation, and land use policies.

The Native American in OK are already favored over other races in many ways...programs for them but not for others etc

 

[Jack Hays]

[h=2]Supreme Court says much of eastern Oklahoma remains Indian land[/h]

• By Ann E. Marimow
• 1 hour ago

 

[poweRob]

It’s going to be very interesting to see the dynamic between the Tribal government and Tulsa’s City Council.

Here in Santa Fe County we have 7 different "Pueblos". Instead of large reservations like in Oklahoma for cherokee and creek and Arizona for Navajo and Hopi... this area was Pueblo Indians. And here they have 7 different pueblos, which you would consider micro reservations in size. But their legal status is above city, above county, above state. Only the Federal government has more authority than each pueblo. There are large legal cooperative decisions that have cross jurisdictional purposes. Intergovernmental cooperation is key regardless of rank. Like 911 dispatch and ambulance and fire protections. They usually have their own policing. Here in NM though, water and water rights is king. So that is what a lot of the legal battles are about. That and land grabs going both ways. Good surveyors are at a premium here.

 

[bluesmoke]

This decision means Native Americans within the treaty boundaries are no longer subject to State law or taxation and the Tribal Government has governance and regulatory authority within these treaty boundaries - recognized as half the State of Oklahoma. Only the Federal government has criminal jurisdiction over Native Americans in that area now and because Tulsa is on the reservation the Tribal Government can make decisions about land use, alcohol regulation, etc. without permission or input from the Tulsa City Council. I’m not even sure if the Tulsa City Council has any authority since it’s all Tribal land now.

I read that part but was stuck on the federal authority part. Non-sequitur reply of mine.

 

[bluesmoke]

Iirc, though, the reasoning was that the treaty had not been amended or changed, so it was still enforceable in its existing form.

The implication is that all of the treaty elements are also equally enforceable for the same reason.

Please see my post #19. The poster gives good detail.

 

[Hatuey]

I'd expect some of the fair weather native Americans on this forum to come out in support of their community leaders.

Weird how those guys only show up to talk about race wars, and how much they support tiki torch holders, and vanilla milkshakes.

Wookies > Trekkies

 

[MauiMan]

This is huge news with massive implications on governance, criminal prosecution, taxation, and land use policies.

Wow, that opens a can of worms!