7 ms·
Very interesting. Is this the first time a major city has fallen within a reservation?
by _bxg1 6y ago
Very interesting. Is this the first time a major city has fallen within a reservation?
- 9wzYQbTYsAIc 6y agoAnd, either way, what are the implications to non-tribe citizens and non-tribe governments?
- tiles 6y agoThe Atlantic wrote about this in 2018, it seems like the framework of inter-agency cooporation won't be much of a change for most non-Natives: behttps://www.theatlantic.com/ideas/archive/2018/11/murphy-case-supreme-court-rules-muscogee-land/576238/ https://www.theatlantic.com/ideas/archive/2018/11/murphy-cas...
- cm2187 6y agoAnd how do you even define a tribe citizen? Is there like an ID card? Is it a DNA test? Does Elizabeth Warren qualify?
- Wohlf 6y agoEvery tribe handles this themselves, it's based on ancestry. They define their own cutoff points, such as 1/16 etc.
- roywiggins 6y agoNot all tribes calculate blood quantum at all.
- protomyth 6y agoWhich one doesn't and is it federally recognized? The feds are a bit of a pain on that issue.
- roywiggins 6y agoThe Cherokee Nation doesn't impose a blood quantum test, you just need to have an ancestor listed on the Dawes rolls. https://cherokeeregistry.com/blood-quantum/ https://cherokeeregistry.com/blood-quantum/
- protomyth 6y agoOk, thanks. All the northern plains groups do the quantum. I suppose the Cherokee have a pretty scary history so that makes sense. The difference between the two tribes in their statement isn't because of blood, its distance to a major city.
- xeromal 6y agoThat's why he said the tribe decides.
- roywiggins 6y agoRight, but the implication was that tribes had each decided on a minimum blood quantum, but not all of them use blood quantum at all.
- monocasa 6y agoThe tribes have their own mechanisms for identifying citizens like any other jus sanguinis nationality. The specifics depend on the tribe in question.
- YetAnotherNick 6y agoHow does this work with government? Or let's go into one specific question, can I start my own tribe?
- monocasa 6y agoJust like it does for any other foreign citizenship. Getting your tribe you just started recognized without any of the treaties in place is about the same level of effort as getting your new country recognized. I don't see TSA accepting Sealand passports.
- deleted 6y ago[deleted]
- judge2020 6y agoThe Bureau of Indian Affairs has a process for being recognized as a tribe[0], and the criteria is at 25 CFR § 83.11 [1]. 0: https://www.bia.gov/as-ia/ofa https://www.bia.gov/as-ia/ofa 1: https://www.law.cornell.edu/cfr/text/25/83.11 https://www.law.cornell.edu/cfr/text/25/83.11
- protomyth 6y agoFor non-natives not really. For natives, it depends on the agreements. This isn't really a traditional reservation situation, since the tribes really are not going to have the traditional governance over the land. For example, the cops are not going to get replaced by BIA or Tribal police.
- koheripbal 6y agoWhy not? If they're on tribal land, what's to stop the tribe from governing?
- protomyth 6y agoThere are other places that are technically on tribal land, and that hasn't allowed the tribe to government them. The city and state is not going to cede governance on non-members to the tribe. Its going to end up being an agreement between the state and the tribe.
- skissane 6y agoTribal governments only have criminal jurisdiction over crimes committed by Native Americans (an enrolled member of the tribe, or an enrolled member of some other federally recognised tribe). If the perpetrator is not Native American, the tribal government and courts cannot deal with the case, only local/state/federal courts and authorities can. (There is an exception to this rule, created by Congress, that domestic violence crimes committed by a non-native against their Native American spouse or partner can be dealt with through the tribal legal system.) Civil legal jurisdiction over non-native individuals is somewhat broader, but still subject to various complex legal limits. https://fas.org/sgp/crs/misc/R43324.pdf https://fas.org/sgp/crs/misc/R43324.pdf
- koheripbal 6y agoNo, the big issue is the collection of taxes.
- hn_throwaway_99 6y agoDon't know if you'd qualify it as a "major" city, but over 10% of Palm Springs CA is on an Indian reservation. For interesting historical reasons, though, the reservation is basically shaped like a checkerboard, where every other 640-acre square is reservation land. This obviously has huge implications on real estate - none of the reservation land is sold, just leased, and there were some recent cases where the tribe made the tenants leave after their (like 50 year or so) lease was up. Google "palm springs indian reservation map" and it will show you the checkerboard.
- jandrese 6y agoThat seems like an insane way to divvy up land. My first instinct was that it was done that way to make the land effectively unusable as tribal land, just because that's how the government tends to roll in these cases
- nwallin 6y agoCorrect. It was a policy to encourage Native Americans to move to the agricultural model used by European Americans, as well as incorporate socially. It was relatively easy for a white American farmer to set up a farm in the state administered squares, but it was relatively difficult for Native Americans to roam nomadically- it essentially reduced the density of available foodstuffs in the checkerboard by half. The presumption was that Native Americans would/should start farming and adopt American social and economic norms. Another somewhat common practice was splitting up reservations into homestead sized blocks and assigning each block to an individual Native American adult male in traditional common law property ownership ways, which didn't map to any Native American social/economic norm. There was a lot of effort put forth by the US government after the Reconstruction to coerce Native Americans to act like white Americans. Which was bizarre considering citizenship wasn't fixed until 1924. You would have thought they would have led with that.
- toyg 6y ago> You would have thought they would have led with that. It's actually very rational, cynically speaking: you don't want to extend the franchise until you're sure that the new guys will "vote the right way", so to speak.
- j4nt4b 6y agoLarge parts of the City of Tacoma and surrounding cities fall inside the Pyuallup Indian Reservation in Washington state. In fact, out of >40,000 people on the reservation, only 2500 are members of the tribe. https://en.wikipedia.org/wiki/Puyallup_people https://en.wikipedia.org/wiki/Puyallup_people
- zumu 6y agoParts of Tulsa already overlapped with reservations, I believe.