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First Nations Commission On Civil Rights
Articles

Question Of Jurisdiction

The United States Government refuses to enforce Civil Rights Protections for American Indians on Tribal Land, claiming that they do not have jurisdiction because of the Sovereign Status of Tribal Governments.

Yet, The United States Government makes laws that affect these same governments without their consent or consideration.

The United States places BIA police on Reservation Lands to enforce BIA laws and the Laws of the United States Governments.

They send the FBI and other Federal Agencies onto Tribal Land for any purpose they choose.

The United States Government is enforcing laws on Indian Lands yet they can not enforce the U.S. Constitution on Indian Reservations.

How can the Laws of the United States Government have any legal standing if the Constitution has no force and effect on Tribal Land.

It can not be both ways.

Either the laws and Constitution must be equally enforced, or the Laws and constitution can not be applied.

If the latter is the case, then all Federal Employees must be removed from Tribal Land and Complete Jurisdiction must be placed in the hands of Tribal Governments. The Federal Laws can have no force and effect unless they can stand the test of constitutionality.

How can the FBI, BIA Police, US Marshall and any other Federal Agency enforce laws on Tribal Land when these laws are NOT protected by the Bill Of Rights contained in the United States Constitution? Is this done anywhere else in the United States or in any place where the United States Asserts its Jurisdiction and power? Is it only First Nation People who have NO rights in this country? In a land where even Illegal Aliens have Civil Rights...why is it that American Indians have NONE?

And if the United States Constitution is not valid or enforceable on Tribal Land, then how can the United States assume jurisdiction over offenses committed by non Indians on Tribal Land?

Yet the United States Government asserts jurisdiction over offenses committed by Indians off of Tribal Lands.

Either the United States Government must surrender Jurisdiction of all offenses committed on Tribal Land to the Tribal Courts, or the United States must extend the jurisdiction of Tribal Courts to include offenses committed by Indians off of Tribal Land.

By
Jim Windwalker
2002

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