African-Native American Genealogy Forum
Re: 1866 Treaty vs. Constitutions
In Response To: Re: 1866 Treaty vs. Constitutions ()
What does the Reorganization Act say? Does this change override the 1866 Treaty?
This is the part that needs to be tested in court. I say this, the Reorganization Act does give the tribes the right to reorganize their tribes as they see fit, but it is a United States law. Where we have contention is at Article 6 of the US Constitution:
The problem we have, is that both could be considered the Supreme Law of the Land, however, one does not nullify the other, especially if there are no provisions in the later law (the Reorganization Act is newer than the Treaties) to nullify the treaty. So both are in effect, and in conflict with each other.
I see this particular issue heading to SCOTUS to test the validity of the Reorganization Act, though limited to the FCT, because of how those treaties were worded. The Treaties would be safe on this, because the treaties can not be nullified without Congressional approval. So the Reorganization Act's constitutionality would be under scrutiny.
As far as racism goes, again, I would agree. The Rolls are not being used for their intended purpose, and that is also a problem.. however the Reorganization Act could potentially give the tribes that right, but again, it leads back to the Act versus the Treaties.