How recent Supreme Court ruling will affect Oklahomans
How recent Supreme Court ruling will affect Oklahomans
SUPREME COURT DECISIONRULING THE MUSCOGEE CREEKNATION IS STILL AN INDIANRESERVATION - THERE'VE BEENA LOT OF QUESTIONS.
2 WORKSFOR YOU REPORTER TONYRUSSELL TOOK SOME OF YOURQUESTIONS AND COMMENTS FROMOUR FACEBOOK PAGE AND ASKEDLEGAL EXPERTS WHAT THIS HIGHCOURT DECISION MEANS GOINGFORWARD.TONY RUSSELL ON CAM= HUGECASE COMING OUT OFWASHINGTON, D.C.-A TREATYWAS REAFFIRMED BY THESUPREME COURT--SO WHAT DOESTHAT MEAN FOR NATIVEAMERICANS AND NON-NATIVESLIVING RIGHT HERE IN TULSA.I ASKED TRIBAL SOVEREIGNTYATTORNEY MARY KATHRYNNAGLE, A CHEROKEE CITIZEN.FULL SCREEN= QUESTION.WHATWAS REALLY DECIDED BY THESUPREME COURT THIS WEEK?SOT= NAGLE1 751 Mary KathrynNagle, Tribal SovereigntyAttorney,"f Congressdoesn't establish areservation, it continues toexist.
And that's all thesupreme court concluded isthat the reservations neverbeen established, it stillexists.
Second, it's not arestoration of anylandscape.
No lands aregoing to change ownership.It's the border, right thatwe're saying this border isstill here.
It's likeaffirming that the border ofthe state of Kansas stillexists.
Yes, Kansas Stateborder still exists.
If I'man individual landownerinside Kansas, that doesn'tmean I no longer own myproperty.
It just means it'sbeen confirmed that I'mlocated inside the bordersof Kansas," TONY RUSSELL ONCAM=SO FOR THOSE WHO ARENON-NATIVE.
WHAT HAPPENS TOMY LAND?
AM I STILL ALLOWEDTO BE HERE?
SOT= NAGLE2 1015Mary Kathryn Nagle, TribalSovereignty Attorney," thisis a huge question that alot of people have.
The factthat the nation'sreservation has never beenestablished has no impact onindividual land ownership.In fact, a lot of thereservations in the UnitedStates today are comprisedof significant portions ofnon Indian owned land.That's true in Montana.That's true in the state ofWashington.
That's true inSouth Dakota.
It's true inArizona.
It's true here inOklahoma.
And what thatmeans is, it's it's justlike being an landowner inthe state of Kansas or inthestate of California, right,you're within a certainsovereigns borders, but youget you still own your land.Now, the next question folkshave is well, what can thetribe do to me?
Of course, Ithink this is a problematicquestion because tribes arenot out there to get nonIndians right.
Tribalgovernments, just like anyother sovereign governmenthas the interest ofprotecting the health,safety and welfare of allthe citizens within itsborders," TONY RUSSELL ONCAM= OK-SO WHAT ABOUT THEPOWER OF LAW ENFORCEMENT TOARREST PEOPLE ON WHAT ISCONSIDERED A RESERVATION?SOT= NAGLE3 1238 MaryKathryn Nagle, TribalSovereignty Attorney,"here'sthe current law right now,the State Police will stillhave the authority to detainIndians on the reservation.Now, ultimately, they mayhave to turn them over tothe feds or to the tribalnation if a law... And so alot of these scary scenariosare, you know, and Iunderstand it's just basedon ignorance and not knowingand fear.
And unfortunately,I think some somemisrepresentationsthat Oklahoma hasperpetuated in someinstances, honestly, butbecause they wanted to winthis case, and it was intheir interest, you know,the state government to sortof get some fear into folksinto folks minds," TONYRUSSELL ON CAM= AND FINALLY,WHAT ABOUT THESE MAPSCIRCULATING IN NEWS ARTICLESAND SOCIAL MEDIA?
SOT=NAGLE4 1807 Mary KathrynNagle, Tribal SovereigntyAttorney,"yes, it is a mapthat says here arereservations.
But again, itgives us it paints thispicture of the state has nosovereignty or jurisdictionwithin these colored blocksof tribal reservations,which is not the law.
Imean,
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Who owns your land? Reaction after landmark Supreme Court decision
Who owns your land? Reaction after landmark Supreme Court decision