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African-Native American Genealogy Forum

Re: Recent Supreme Court Ruling
In Response To: Recent Supreme Court Ruling ()

Greetings! What does the recent Supreme court ruling mean to eastern Oklahoma Native Americans? The ruling states that 3 million acres of land; including most of Tulsa. remain American Indian reservation land. Take care and stay safe! Robert Johnson

This is just my opinion here, so IANAL disclaimers apply.

What I believe this means is that for the purposes of legalities regarding Natives in the FCT, these lands should be considered native reservation land. This means that this ruling is limited in scope to whatever criminal or legal proceedings involving Natives in the FCT that occur within these lands. This means that the State of Oklahoma has no jurisdiction in these lands regarding natives. They will have to work through the governments of the FCT for any legal or criminal proceedings.

So for example, if you are a member of the Choctaw, and you accused of aggravated assault of someone in Durant, OK (which is Choctaw Nation), the legal jurisdiction where proceedings will be held is the Choctaw Nation, not Oklahoma.

Additionally, since this reaffirms that the Treaties of 1866 are still valid, the FCT will have to work directly with the federal government (read: Congress/United States). None of the respective treaties were abrogated or declared null and void, so they always have and still remain in effect.

Outside of that, it really doesn't mean much, except that for any of the Freedmen outside of the Cherokee, it means that the treaties are still valid, so the enforcement of those treaties needs to be addressed.

Messages In This Thread

Recent Supreme Court Ruling
Re: Recent Supreme Court Ruling
Re: Recent Supreme Court Ruling
Re: Recent Supreme Court Ruling

18 Dec 2002 :: 14 Nov 2008
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