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> If congress doesn't change something, then that means they have determined no change is necessary. ... and therefore the promise is still in force and should
by Angostura 6y ago
> If congress doesn't change something, then that means they have determined no change is necessary.
... and therefore the promise is still in force and should be upheld.
- bilbo0s 6y agoTrue. In this case, either way, half of Oklahoma belongs to the tribe. Congress has not taken it away in the legally prescribed manner, therefore SCOTUS has no choice but to say that until congress does, the promise has to be upheld. Congress has to do its job. Or not. Whichever it chooses. But it can't rely on the courts to do its job. The courts are right to let everything sit exactly where it is, and drop the entire matter back in the lap of congress.
- kube-system 6y ago> In this case, either way, half of Oklahoma belongs to the tribe. If I am not mistaken, this ruling only pertains to the Major Crimes Act[0]. It doesn't mean half of Oklahoma "belongs to the tribe", it just means half of Oklahoma doesn't have criminal jurisdiction for a short list of crimes when they are committed by tribal citizens. 0: https://en.wikipedia.org/wiki/Major_Crimes_Act https://en.wikipedia.org/wiki/Major_Crimes_Act