Tuesday, April 8, 2008
States 2 - Tribes 0, in Recent Court Decisions
Federal courts continue to favor states' rights over those of tribal governments, as illustrated in two separate decisions handed down last week in Federal District Courts. In Oneida Tribe of Indians of Wisconsin v. Village of Hobart (Case No. 06-C-1302) Judge William C Griesbach wrote for the U.S. District Court for the Eastern District of Wisconsin that the village of Hobart could tax and initiate condemnation proceedings against land purchased by the Oneida Nation of Wisconsin. The land had been part of the reservation generations ago but was sold. In Keweenaw Bay Indian Community v. Kleine (Case No. 2:05-CV-224), the U.S. District Court for the Western District of Michigan ruled that the state could withhold payments due the Keweenaw Bay Indian Community because the tribe had not collected and paid use and sales taxes related to sales within the reservation boundaries.
Subscribe to:
Post Comments (Atom)
Anything and everything WITHIN the Boundries of a Federally Recognized TRIBE.... IS GOVERNED BY THE SAID TRIBAL JURISDICTION, all must obey laws of that jurisdiction! Just as you would anywhere else,DUH!! The State Did not make those boundries and there fore cannot change them. The Treaties Did proclaim them. The USof A forgot them all these years but they(Treaties)DID NOT GO AWAY!!
ReplyDeleteThis act (TO FORGET)does not diminish the treaties in any, way, shape or form. They were put on hold by the US OF A so as not to be paid in full!!! To this day and age...... ALL THE TREATIES ARE NOT PAID IN FULL!!! Going on How Many Hundreds of Years NOW??? We the People (of the US of A)have spoken and spoken, and spoken, and Still NOT PAID IN FULL!!! Yet! anyone else doing this act would go to jail or be fined for not paying in full!!! Coerced is more like it-No one speaking the same language and not being able to read OR write the same language and expected to take what is given without knowing!!!