Message from @Stefan Payne
Discord ID: 508804126948196352
Hence why we have 150 years of case law all the way to the Supreme Court
Giving them shitty land and throwing money at them doesn't fix their situation.
Part of the problem is that the Federal government supposedly makes resource decisions in thier interest but plenty of evidence proves thier resources are granted to corporations for next to nothing
There are plenty of lawsuits about that
There's also tons of cronyism and mismanagement within the tribes
My gut solution would be to turn the reservations into states with their own constitutions but function in a way at least similar to a regular state.
Reservations are ruled by tribes and they have greater autonomy in many regards than a state.
Tribes are under the authority of the Federal govt but not any state. They have constitutions.
The issue is that most tribes signed away thier resource rights to the Federal govt in thier treaties with the understanding that the Feds would manage them "in the tribe's interests"
What could possibly go wrong with that? /s
Ah, here we are.
I think I am starting to understand. In such a scenario the best case the resources are managed by the feds and the wealth given to the tribe, but even in such a case you are creating a dependency on the federal government and you keep the tribe trapped in such a state.
Yup
Senator Jacob Howard, a drafter of the 14th amendment: "This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons."
The relationship between the Federal govt and the tribe's has always been extremely paternalistic. The "great white father".
In the records of Senate discussions on the 14th amendment, recorded in The Congressional Globe, May 30th, 1866.
I've been told that the quote has had commas attached
I'm not at my PC or I'd try to pull up an actual quote
The Lawmakers said that it was never intended to be used with foreign people, the 14th is for Slaves, not for Illegal Aliens
The original source, in its entirety, you may peruse the entire context at your leisure, when you're able to.
Again, I dispute the comma after "aliens"
Unfortunately, voice recording technology was limited in the 1860's.
Its a misuse and abuse of the Original Intend that we have here. And the Supreme Court ruled at least twice. You really should watch the Justicar Video I've posted!
At one point he said "we lower court judges", so he might be a judge and know it better than we do.
Print is all we have.
So if our interpretation is so wrong how has it lasted for 150 years with a trail of precedent all through that time? This is not a new issue.
because it wasn't really an issue until recently, because the immigration act of ~1964 or so....
And again, if you were willing to remove illegals from US jurisdiction, I think it'd pass muster.
I...I'm not sure what you mean.
Its the fucking job of the Gouvernment to remove illegal aliens.
But as long as they are subject to US law, I really think we're stuck
as its the job of Security hired by a company to remove illegal entrys.
Illegals don't need to be removed from US jurisdiction. They are not under US jurisdiction in the first place.
As long as we can try an illegal for murder, they are in our jurisdiction
If we grant illegals diplomatic immunity like we do embassy staff then problem solved
That could be done by treaty
I don't understand. Do we not prosecute foreign nationals for crimes done to American people or property?
And a treaty, as ratified by the Senate, becomes part of the constitution
there is no problem. you are creating the problem through needless legalese.
@DrYuriMom What do you say about the Children born by Diplomats in the US?
If we follow your logic, they should be US Citizens, right?