4 ms·
Sure - it can and has. https://www.govinfo.gov/app/details/STATUTE-71/STATUTE-71-Pg283-2 https://www.govinfo.gov/app/details/STATUTE-71/STATUTE-71-Pg... is an
by random5634 6y ago
Sure - it can and has.
https://www.govinfo.gov/app/details/STATUTE-71/STATUTE-71-Pg283-2 https://www.govinfo.gov/app/details/STATUTE-71/STATUTE-71-Pg...
is an example. Currently however congress has tried to improve / make up for prior poor treatment of native americans - but the power is ultimately in congresses hands (with some small limits).
Trump was active in this more recently
https://www.theguardian.com/us-news/2020/mar/31/trump-administration-revokes-mashpee-wampanoag-tribe-reservation-status https://www.theguardian.com/us-news/2020/mar/31/trump-admini...
- ashtonkem 6y agoWasn’t there just a SCOTUS case where they actually stopped the federal government from doing something because it would violate an old treaty? If so, it seems like the government’s ability to do whatever it wants in this area might get clipped.
- random5634 6y agoThe SCOTUS cases covered two situations - a guy convicted of murder and another (the one that was deceided) was related to child sex abuse. The decision was that congress had not disestablished the reservation as part of the Oklahoma Enabling Act of 1906, and so they could not be convicted in Oklahoma courts. This emphasizes, not diminishes, congresses role in deciding what reservations are established or not.
- TheCoelacanth 6y agoYes, but the decision was basically that the treaty was still in force because there has never been a law passed overriding it. They could do something about it, but they need to pass a law to do it. They can't just do it without changing the law.