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Host: Shawn Spruce
The 2020 U-S Supreme Court decision related to the McGirt criminal conviction is forcing significant changes in Oklahoma. State officials describe the scenario as ‘chaos’. In asserting their sovereignty, tribes say the state’s reactions are more than exaggerated. Still, there are a lot of details to be worked out, almost all through the courts. There’s a chance the Supreme Court could reconsider its previous decision.
Guests:
Chuck Hoskin Jr. (Cherokee Nation of Oklahoma) – principal chief of the Cherokee Nation
Gary Batton (Choctaw) – chief of the Choctaw Nation
Matthew Fletcher (Grand Traverse Band of Ottawa and Chippewa Indians) – law professor at Michigan State University’s college of law and author of the “Turtle Talk” blog
Break 1 music: Siyo, Siyo (song) Paula Nelson (artist) C.H.A.N.T. Cherokee Hope And New Traditions (album)
Break 2 Music: Where’s the Native? (song) DDAT (artist) DDAT (album)
It is important to note that the ultimate findings of McGirt decision are not new but rather a reiteration of what the law has always been since at least 1823 in the decision in MacIntosh v Johnson. The primary findings of McGirt are that Indian lands (Indian interest and title) have always been an exclusive matter under the laws of the UNITED STATES, not states. It also holds for the proposition that Indian land taken illegally out of trust of the UNITED STATES is as illegal today as it was when Oklahoma or any state over-stepped its authority (non-granted authority). No court can enforce illegalities no matter how many years ago the illegalities occurred.
There is a lot of equitable relief required as a result. Generational poverty versus generational unjust enrichment. The sooner we get on with it then the better off. There is no way SCOTUS can alter its McGirt decision rendered recently in 2020 without it being political and upending the entire judicial system as a result. Failure to uphold the judicial system will be the predicative step to the entire collapse of even state and local government. If the federal government and statutes don’t matter then certainly neither do state and local governments and their statutes or codes which came after (except for the commonwealth roots still vested in the 13 original colonies). It is time to get honest.
It is time for our Sovereignty and WAYS of Life be respected and Honor.
Absolutely!
Is the original mcgirt law that was passed 1 year ago considered retroactive.
No. at least that is the opinion of the Oklahoma Court of Criminal Appeals.
The Oklahoma Courts are absolutely and totally WRONG in this case. The above article, soundly reasons why. The Federal laws were in place long ago. Oklahoma courts have been used for decades to cheat Indians out of their due process, tribal and individual rights and proper trial venue . Oklahoma has been thumbing it’s nose at the laws and Federal Precedents protecting Native Americans for decades…Illegally! Doesn’t matter how long it has been doing it…the laws the ignored were in place long ago, The “retroactive” issue should never have seen the light of day. Subterfuge or ignorance…doesn’t matter. The “retroactive” issue is only a continuation of Oklahoma’s ILLEGAL BULLYING of the tribes.