Comments on: Iroquois “passports”

By: Kimball Bighorse

Kimball Bighorse — Fri, 13 Aug 2010 06:25:55 +0000

@Walter Olson

City of Sherrill is precisely the case to which I was referring and described as “30-year proceedings … only now being denied”. The Court clearly couldn’t deny the actual claim to the land, so had to pull the laches doctrine out of mothballs to circumvent justice. Further, the cited delay is only because there was no legal avenue in which the case could have been brought even one year sooner (see my earlier comment). Hence the joke, in my view.

By: Richard Nieporent

Richard Nieporent — Mon, 19 Jul 2010 14:43:29 +0000

For those still with us, I’ve got a chapter in my forthcoming book that goes into much more detail on Indian land and sovereignty claims, including the baffling enthusiasm on their behalf shown by some in legal academia.

I got an idea. Let’s give the country back to the Indians and let them be stuck with our 13+ trillion national debt.

By: Walter Olson

Walter Olson — Mon, 19 Jul 2010 14:26:20 +0000

KBH>joke legal grounds like laches An 8-1 majority of the U.S. Supreme Court headed by Ruth Bader Ginsburg doesn't consider laches a joke as regards tribal land claims: City of Sherrill v. Oneida Indian Nation, 544 U.S. 197 (2005) (more). For those still with us, I've got a chapter in my forthcoming book that goes into much more detail on Indian land and sovereignty claims, including the baffling enthusiasm on their behalf shown by some in legal academia.

By: Bernie S

Bernie S — Sat, 17 Jul 2010 22:48:14 +0000

I am pleased to learn that the Iroquois never fought as allies with a nation state engaged in warfare against the United States, never committed unspeakable atrocities agains people who settled in the same general area as their villages, etc. etc.
If you are going to appeal to history, you have to appeal to all of it, not the one-sided version that makes martyrs of the Indians and devils of Europeans.

The bottom line is the Iroqois are no longer sovereign and have no rights proceeding from sovereignity.

There is a lot of money to be made from being a professional indian nowadays, as evidenced by the number of newly rediscovered tribes that have been reestablished for no discernable reason than to dodge taxes.

By: Melvin H.

Melvin H. — Sat, 17 Jul 2010 19:41:01 +0000

Why not some form of a “dual-citizenship”, whereby the Native American/American Indians can have legally two passports; one Native, one U.S.? THe problem here seems to be that the non-U.S., non-Canada countries don’t recognize Native sovereignty (and, as far as I know; there are no Puerto Rican passports–nor for the Canal Zone, Guam, D. C., etc.). I realize there are Constitutional issues on dual-citizenship, but there must be some way (even if a special passport, U.S. and Native, can be issued).

By: Bill Alexander

Bill Alexander — Sat, 17 Jul 2010 14:51:59 +0000

In my opinion, the Iroquois have the right to create a passport, but no right or way to insist that other countries honor it.

By: Kimball Bighorse

Kimball Bighorse — Sat, 17 Jul 2010 10:13:28 +0000

Seems like lots of commenters here have precious little capacity for nuance or complexity, no sense of history, and even less understanding of American law. The United States is duty-bound by treaty to fulfill its fiduciary responsibility for one thing, which includes health care and education among other things promised in exchange for land. Native nations didn’t even have a court in which to sue for illegal land claims from the 18th and 19th centuries until the 1970s at which point 30-year proceedings are only now being denied on joke legal grounds like laches, or in other words, “we can’t think of anything else”. The United States mishandled assets of Native people to the tune of the largest accounting scandal and largest audit in the history of the profession, see the Cobell case only now being sorted out. The fact is even in basic fulfillment of agreed-to obligations, the United States has completely written checks it can’t possibly afford to cash, let alone all the prosperity it has enjoyed at the expense of native people. It’s a continuation of a national disgrace.

By: Thunder Williams

Thunder Williams — Fri, 16 Jul 2010 16:19:30 +0000

If this was target practice, you win the expert marksman trophy. On point and to the point. In the book, “Savages and Scoundrels: The Untold Story of America’s Road To Empire,” author and journalist Paul VanDevelder with careful scholarship, great adventure and compassion, pulls the clothes off the Emperor. He details the deeply saddening American story and long history of the European takeover and unscrupulous exploitation of Native American homelands. Also, you may wish to check out his interview on TalkingFeatherRadio @ http://www.blogtalkradio.com/talkingfeather.

By: DDNY

DDNY — Fri, 16 Jul 2010 14:49:27 +0000

History of what was done to them across North America since the beginning cannot be ignored. They were removed from their land, told where to live and how they will be defined. They are constantly being challenged over and over. They are expected to give up more and more. Every time they negotiate before the ink is dry, another politician wants more from them. This is being played out full speed in New York. Now that NY needs more revenue they start making laws and enforce more taxes and much more from them ie casino revenue. Yet NY can hardly get a dime from Wall street.

The Native Americans in North America should have a pass port that is elusively theirs. The security clearance can be done by the US and Canada and call it a day. To force them, restrict them is just a waste of time and it makes no sense. It would be a huge legal mistake to give up a pass port and accept another countries as you own. The US is not their country/Nation. We invaded them and we won not because we were the better people but rather we had the guns. I can still see the Olympics held in Canada and all the references they made to the Native Americans. Just show, when it came to practice what you preach.

If they are not defined as sovereign here and now , then when? The Native Americans owe us nothing. If you don’t believe in history then this concept may be difficult for you to understand

By: Justin

Justin — Fri, 16 Jul 2010 08:08:46 +0000

Well, gee, I’m sorry that your ancestor that you never knew suffered at the hands of my ancestor who I never knew (well, my ancestors weren’t in the country yet, but you get the idea). And now, the way history worked out, you live in the wealthiest and most powerful nation in the world. You have it better than 99.9% of all humans who have walked the planet. You have every right of a normal American citizen and more while being at the top of the affirmative action hierarchy. So, wait a second, what are you complaining about again? Does your great-great-great grandfather come and haunt you in your dreams or something? Stop living your life in history that never involved you.