This is interesting -posted on the 86 site
The NativeAmerican
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www.tulsaworld.com/news/article.aspx?articleID=070522_1__TAHLE30735the BIA does have the authority to regulate tribal constitutions
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then there is this reply by
EldonJ
Let me guess here, once the DOI realizes there is no way out of this mess that they have created they will simply do away with the enrollment amendments within the 3 communities' constitutions. Would this then open the door to all LD's who have proven their lineage within the court of claims with the resolution of the lawsuit? Or would all LD's have to submit proof on an individual basis to the DOI/BIA?
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Yet the tribe refused to include the "Freedmen" even after the Freedman group one a court battle over enrollment policies...some got disenrolled anyway.
May 23, 2007, 8:07pm,
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The NativeAmerican
wrote:DOI letter to the Cherokee Nation
states there is no time limit to approve or disappove amendments to the Cherokee constitution
www.indianz.com/docs/bia/artman052107.pdf ---------------
gotld wrote
see us collecting damages from the US government...but I see a long drawn out battle for the physical 1886 lands...with Shak and co drawing it out in court for decades...that is their only concern...pc...they don't get damages
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reply from EldonJ
Shakopee lost their one chance to drag this thing out and stall it when they filed to quash the summons. When the court of claims sorts out who is and is not a lineal descendant they will have a legal responsibility to uphold trust law. Shakopee and Prairie Island are not parties to this case. They would have to file a separate lawsuit and wait on the outside looking in like we have for so many years. They will have no say in the ramifications of any orders issued by the court of claims to the DOJ and the DOI to remedy the problem. Contrary to what most people seem to believe, the court does have the authority to enforce the congressional statutes because they are already congressional law. Judge Lettow stated this at the hearing last August when Gary Montana asked him if he was going to "hand over this land to the Kaardal plaintiffs". Judge Lettow replied, "I'm not going to hand anything over to anyone. Congress already did that".
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good...thank you, Eldon. I don't trust them
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EldonJ
I don't either. I guess we have to put our faith in the justice system. Do you remember when the judge asked the lawyer for Shakopee if he was sure he wanted to quash the summons? Their lawyer replied with " I feel I have given my clients sound legal advice. At least I hope so!" He HOPES he gave them sound legal advice?! If I was his client, that would make me pretty nervous! LOL!
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gotld wrote
Yet the tribe refused to include the "Freedmen" even after the Freedman group one a court battle over enrollment policies...some got disenrolled anyway.
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The NativeAmerican wrote:
DOI letter to the Cherokee Nation
states there is no time limit to approve or disappove amendments to the Cherokee constitution
www.indianz.com/docs/bia/artman052107.pdf=========
The NativeAmerican reply
the amendment that the DOI disapproved was about banning the BIA from having any oversight in Cherokee affairs
this amendment was enacted over 4 years ago
the 3 communities have never had BIA oversight since they were
recognized
because of this the 3 communities have did pretty much what they wanted
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gotld
Thank you, TNA...but I am talking about this "transaction"...
indianz.com/News/2007/000738.aspindianz.com/News/2007/001496.aspindianz.com/News/2007/001669.asp---
The NativeAmerican
thanks gotld
i know about the Freedmen...
this recent letter regarding banning the US Govt. from Cherokee affairs from the Sec. of Interior made those amendments that would have imposed restrictions on enrollment a dead issue
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The NativeAmerican
think my intention for post this was a little misunderstood
in the Cherokee situation
they tried to ban the US Govt from having a say in what they did
the US Govt in disapproving the 4 four year old amendment to their constitution
was enforcing the Treaty of 1866
even if their regional director of the BIA, an agent of the DOI had approved the amendment
the Sec. of Interior still has the final say
in a treaty, both sides would need to agree to any changes
in our case..
The Sec. of Interior has no treaty whatsoever with the Mn Mdewakanton
but a trust created by congressional statute
The Sec. of Interior, or any of its agents have no authority to add amendments to congressional statute
the 3 communities ..
acting as agents of the US Govt under the 1980 Act assuming the role of Sec. of the Interior
without BIA oversight, they implemented their own constitutional amendments restricting enrollment to those that they want as members
the 3 communities under the BIA added and implemented enrollment amendments only with the approval of the Mn regional office
when they should have waited for final approval from the head man at the Sec. of Interior
a good example of the Sec. of Interior doing his job was when the Mn regional office approved SMSC's application to turn more land into trust and the Sec. of Interior ten days later turned it around and disapproved the application
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This was sent to me mdenney because the person thought it was good reading ........it came from the
mdewakanton1886.proboards41.com so you all know where it from ........