"Despite that the article is Sensationalism.
And distracts people from whats going on behind the curtain so to speak.
The problem with the various treaties is that they are archaic, and presumptive. And some of the treaties are not actual treaties at all, but an assumption that an agreement is in fact a treaty, or even legally binding.
What the lawsuit is about, isn't water right Per Se, but exportation of water to Texas for state revenue, and not all the tribes disagree with this. (mine does not.)
I personally disagree with exporting water to Texas.... if... water is needed here,.... if..... it is not surplus......if....the benefits of said exportation do not benefit all that it would potentially deprive equally....
Another problem with treaties is that alot of them became essentially unenforceable or irrelevant when alot of tribes gave up there sovereignty by choosing to become "domestic dependent nations." essentially becoming more of a state of the US, than an independent nation.
there is also the problem with the treaties where they required all, or almost all, in some cases down to 2/3rds the males in the tribe I'll refer to as "shareholder"parties to agree to them, and for which most did not, and blatantly refused, for which was their right to do so, but also gives the treaties nothing more than a presumptive hold at best., so in fact the treaties were tentative. This in turn only created a treaty between the agreeing parties who put their signatures down,( at best,) and not of the nations or tribes. oops! Then there are the opposing/conflicting treaties that the other shareholders entered into, where they seeded rights to the US for compensations. 48 USC § 1451
Yep, tribes, and tribe members were trying to screw each other over in attempts for power grabs that they were unable to pull off prior to the treaties. so in reality, everyone was screwing everyone over. greed, vanity, and ignorance is a monster of a thing.
Then on top of that, only the senate had the authority to make the treaties, a well known fact, but some tribes sought to make treaties without respect to the senate, that they speculated would be legal and binding anyways. oops again!
Many tribes almost immediately invalidated treaties,(sometimes within hours of its creation.) giving the government the ability to repeal the treaties, saying oops! or saying, well, not every single member of the tribe violated it! this would be like the US starting a war, and saying afterwards, hey, not every member of government agreed, so you shouldn't take action. in reality, that just isn't going to happen.
though the tribes saw this as a violation of the treaty, not taking into account that they violated 25 USC § 72, giving the government the ability to take advantage of this, and so repealed treaties.
Many tribes think that the wording of 25 USC § 71, means that the treaties are unnegateable for any reason, and are legal and binding in only one direction, all the while not taking into consideration of the rest of USC, or even such wording within the treaty itself that directly allow for the negation of the treaty. This all gives the federal government the ability to pick and choose as they see fit. 48 USC § 1501, 48 USC § 1452, 48 USC § 1489,25 USC § 72.
Then there is the assumptions that come from confusing treaties with speculative agreements. need I say oops?
And I strongly disagree with Keri.
Even though there are the treaties, the treaties have no power over the U.S. Constitutions authority, which is thee supreme authority, (Art. I, Sec. 8, Cl. 3). This clause which clearly says "Congress has the ultimate right to pass legislation governing Native Americans, even when that legislation conflicts with or abrogates Indian treaties." DOH!
Yea, I know, it sucks. its a buyer beware kind of thing. Not everyone wins in everything. there are losers to all things. since the beginning, tribes of people been screwing other tribes over, governments screwing others over, etc...
I kinda felt the same way when my mortgage that I inherited turned upside down, and the giant balloon payment at the end, it no longer worked for me so i wanted to dump it. lol.
Speaking of which, as it turns out, the promises in mortgage's only work as long as your keeping up with your end of the deal. break the deal, miss a payment, falsify info, misrepresent, etc...well, too bad, they will pull your house out from under you. And nobody cares if the other signer to the mortgage doesn't pay their half of it, the broker only agreed to the terms of the contract, not your private arrangements with the co-signer!
Its sad, but the real problem isn't the treaties, its the tribes trying to screw each other over! And there lie a paradox. how does a tribe maintain its sovereignty when battling itself? As members of a tribe constantly turn to the federal government for help, and in doing so, proving they are dependent, thereby negating there sovereignty.
Id also be careful when saying the government cant do something, "making it off-limits and non-negotiable. Period." if history proves anything, every time its assumed that a government cant, they ended up losing more land and or rights.
The truth is, the Native American Nations have failed and fallen. And like always, is waiting too long, failing to fully adapt before its too late. Being killed off by the internal strive. In time, it'll all be just a faded memory as is alot already. Something for the great great grand-children to look up on some information database somewhere.
Squabbling over exportation of water to Texas is the least of the worries for Native Americans, and makes me wonder why the ancestors immigrated from Asia to the Americas in the first place. There is no other place for native Americans to immigrate to, leaving Asia and settling in America was the last stop for Native Americans.
So, unless Native Americans unite, grow strong, and build the Nations back up, then all is lost. Native Americans will eventually become extinct.
Whining about treaties and and water rights etc, while not actually jumping on the last chance to unite and strengthen the people and the nations... Well, it'll be recorded in history. right along with the dinosaurs, cavemen, and the dodo bird."