For Rhapsodie the theme of the “U.S. Constitution” hasn’t been followed with regards to actions done with the people of this country.
This theme, should infiltrate every interpretation of Constitutional law designation. “We the people of the United States, in order to form a more perfect union [a union is a connection, not a separation], establish justice, insure domestic tranquility , provide for the common [accepted] defense, promote [get behind, boost, not make] the general welfare, and secure [fortify, preserve, assure, (Webster’s New World Thesaurus, 1990)]] the blessings of liberty [the rights supposedly natural to man- freedom; independence; power of choice, (Webster’s New World Thesaurus, 1990)] to ourselves and our posterity [our children’s future, our descendant’s future, (Webster’s New World Thesaurus, 1990)], do ordain and establish this Constitution for the United States of America.”
According to Rhapsodie this was shared, not for the judicial, legislative, or executive governors of this country, but for the people of this land now and into the future. The Bureau of Indian Affairs continues to handle the difficult task of caring for people within this country that are of another nation, previous posts showed how there were failures in the past.
- Because the Constitution vested the Legislative Branch with plenary power over Indian Affairs, states have no authority over tribal governments unless expressly authorized by Congress. While federally recognized tribes generally are not subordinate to states, they can have a government-to-government relationship with these other sovereigns, [to a very limited extent] as well.
- They can also become citizens of their tribes or villages as enrolled tribal members.
- American Indians and Alaska Natives have the same rights as other citizens to hold public office.
- Over one-half of the total U.S. American Indian and Alaska Native population now live away from their tribal lands.
- However, most return home to
- visit relatives;
- attend family gatherings and celebrations;
- participate in religious, cultural, or community activities;
- work for their tribal governments;
- operate businesses;
- vote in tribal elections or run for tribal office;
- retire; or
- to be buried.
But the present government still adds regulations to the life of citizens that will probably cause problems for the future posterity of this country’s people. When examining the Constitution you can see how freedom based on equality and LOVE was shared, in accord with the writer’s understanding of LOVE and the principles established in the law of the Iroquois & 5 Nations.
- Article IV, section 4 provides that “[t]he United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic [internal against the country] violence.” Or against violence from the federal government against the State.
- Article IV, section 2 “The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.”
- Article III, section 2 “The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; . . . In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction.”
See how reading this section in correspondence with the information about Native American peoples and Congress above effects Rhapsodie with sorrow. But there is hope because we are a people that can still use the Constitutional freedom’s given us by our ancestors to have more freedom with more responsibility.
What European American’s value is land, what Native American’s valued was land but a free land understood and used by nations in regards with the needs of the tribe. Now that Native American’s are provided land of reservations, often the poorest and most unfriendly areas, there is limited reason to see value in what is held.
Original Native American’s did possess the land, but in accord with Forbes online article of December 13, 2011, Why Are Indian Reservations So Poor? A Look At The Bottom 1%:
Prosperity is built on property rights, and reservations often have neither [prosperity or property rights]. They’re a demonstration of what happens when property rights are weak or non-existent. . . It’s a look that’s common worldwide, wherever secure property rights are lacking—much of Africa and South America, inner city housing projects and rent-controlled apartment buildings in the U.S., Indian reservations.
Property of land is a key in feeling a connection to life and driving values for people.
Historically, most of today’s federally recognized tribes received federal recognition status through treaties, acts of Congress, presidential executive orders or other federal administrative actions, or federal court decisions. The Bureau of Indian Affairs for the United States shares details about policies and procedures of the U.S. government in regards to Native Americans.
- In 1978, the Interior Department issued regulations governing the Federal Acknowledgment Process (FAP) to handle requests for federal recognition from Indian groups whose character and history varied widely in a uniform manner. These regulations – 25 C.F.R. Part 83 – were revised in 1994 and are still in effect.
- Also in 1994, Congress enacted Public Law 103-454, the Federally Recognized Indian Tribe List Act (108 Stat. 4791, 4792), which formally established three ways in which an Indian group may become federally recognized:
- By Act of Congress,
- By the administrative procedures under 25 C.F.R. Part 83, or
- By decision of a United States court.
- However, a tribe whose relationship with the United States has been expressly terminated by Congress may not use the Federal Acknowledgment Process. Only Congress can restore federal recognition to a “terminated” tribe.
- The Federally Recognized Indian Tribe List Act also requires the Secretary of the Interior to publish annually a list of the federally recognized tribes in the Federal Register.
- According to the U.S. Bureau of the Census, the estimated population of American Indians and Alaska Natives, including those of more than one race, as of July 1, 2007, was 4.5 million, or 1.5 per cent of the total U.S. population. In the BIA’s 2005 American Indian Population and Labor Force Report, the latest available, the total number of enrolled members of the (then) 561 federally recognized tribes was shown to be less than half the Census number, or 1,978,099.
- American Indians and Alaska Natives are citizens of the United States and of the individual states, counties, cities, and towns where they reside.
- The relationship between federally recognized tribes and the United States is one between sovereigns, i.e., between a government and a government. This “government-to-government” principle, which is grounded in the United States Constitution, has helped to shape the long history of relations between the federal government and these tribal nations.
Ah, but Rhapsodie’s limited research is proving a different fact. The Native American tribes are being treated as states without power away from U.S. federal government control. And while the Civil War was started over States Rights, Rhapsodie is afraid to share these words, because of incorrect interpretations of constitutional privileges by the U.S. government. Oh, wait a moment the U.S. Constitution is being trashed anyway.
The “Constitution of the United States“ was written in regards to protect the people from the problems of the past and problems that the past shows could return again in the future. Problems like tyrants, minimal Upper Class controlling, taxing, and defining law and huge Lower Class living under control, without freedom, without choice were to a great degree taken away. “There will still be the poor among you,” were words shared with the nation of Israel, but LOVE as a guide and direction to remember the poor by leaving food for gathering was done. The food was to be gathered by the poor, it was to be worked for by the poor, this legal provision was made so that there was provision in this world not only for the people but also for the growth of LOVE. According to BIA.gov:
Congress ended treaty-making with Indian tribes in 1871. Since then, relations with Indian groups have been formalized and/or codified by Congressional acts, Executive Orders, and Executive Agreements.
- [In Rhapsodie’s opinion, defining Native American Tribes as American states, not individual nations.]
- In addition, American Indians and Alaska Natives can access education, health, welfare, and other social service programs available to all citizens, if they are eligible.
- [So if the US government doesn’t recognize the tribe as Native American, the people aren’t eligible for the provisions in this section.]
- Limitations on inherent tribal powers of self-government are few, but do include the same limitations applicable to states, e.g., neither tribes nor states have the power to make war, engage in foreign relations, or print and issue currency.
But none of this includes the original tribal freedom associated with lack of boundaries for the Native American peoples..
- [The 1824 precedent case defining a word in the U.S. Constitution, can also control all commerce in Native American lands that happens between the people and the surrounding U.S. controlled lands, to such a degree that the States of the land decide how interactive business is done on the Native American lands. (Clarkson, 2012)]
- [And if the federal government doesn’t recognize a tribe they may also not have an identity as American citizens, but they may, more research is necessary for this point.]
The fact that there is so much control, by the government of the U.S. that the Native American peoples have to go through the United States Government to be defined as a tribe or a people with inherit rights of the people is really unloving. Again according to the words at BIA.gov:
- Article 1, Section 8 of the United States Constitution vests Congress, and by extension the Executive and Judicial branches of our government, with the authority to engage in relations with the tribes, thereby firmly placing tribes within the constitutional fabric of our nation.
- That is, a tribe that has a government-to-government relationshipand a special trust relationship with the United States.
- These special trust and government-to-government relationships entail certain legally enforceable obligations and responsibilities on the part of the United States to persons who are enrolled members of such tribes.
- Eligibility requirements for federal services will differ from program to program.
- Likewise, the eligibility criteria for enrollment (or membership) in a tribe will differ from tribe to tribe.
- A federally recognized tribe is an American Indian or Alaska Native tribal entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and is eligible for funding and services from the Bureau of Indian Affairs.
- Furthermore, federally recognized tribes are recognized as possessing certain inherent rights of self-government (i.e., tribal sovereignty) and are entitled to receive certain federal benefits, services, and protections because of their special relationship with the United States. At present, there are 566 federally recognized American Indian and Alaska Native tribes and village.
More also needs to be understood, and further words should incite all United States Citizens to drive for the Constitution with LOVING interpretation.
Circumstances of the past always effect the present, but the mind and heart of each individual is not their parents or their grandparents. Mr. Means fighting for native American rights tried to share his life of meaning and value for his people and for the world in which he lived. He did more than speak out about his people, according to the multiple comments at Russell Means Freedom website. “His value for the Native American people and their own history was aptly demonstrated with a principle goal[with] the establishment of a “Total Immersion School”, [PDF Link for T.R.E.A.T.Y. Strategic Planning Power Point Download] . . . , where children are immersed in the language, culture, science, music and storytelling of their own people.”
His death on October 22, 2012 limited his fight for his people, but Rhapsodie sees more need in following the established principles of LOVE based on freedom that’s already been shared with the “Constitution of the United States” without any alterations that aren’t original amendments but are, in her opinion, most probably “changed for light and transient [not needs, just passing by, not remaining] causes.” [Declaration of Independence, 1976]
The Health Care Law recently instituted can be viewed as good and bad by different people depending on their lives and their situations. But Rhapsodie as an American, diabetic since the age of five finds that the freedom lost with the money being taken to care for a nation of people is just as bad as the financial control of other nations on states of the United States during the time of the “Articles of Confederation“.
Comparison of the actions of the U.S. government with the Native American people was originally organized because they were to be nation states within the United States, but the government continues to alter and change, research on Mr. Means website caused me to question the reason people would stay in areas like the Lakota reservations. More research adds value to the facts located at BIA.gov:
- From 1778 to 1871, the United States’ relations with individual American Indian nations indigenous to what is now the U.S. were defined and conducted largely through the treaty-making process.
- These “contracts among nations” recognized and established unique sets of rights, benefits, and conditions for the treaty-making tribes who agreed to cede of millions of acres of their homelands to the United States and accept its protection.
- Like other treaty obligations of the United States, Indian treaties are considered to be “the supreme law of the land,” and they are the foundation upon which federal Indian law and the federal Indian trust relationship is based. [ . . . .T]here is no single federal or tribal criterion or standard that establishes a person’s identity as American Indian or Alaska Native.
- The rights, protections, and services provided by the United States to individual American Indians and Alaska Natives flow not from a person’s identity as such in an ethnological sense, but because he or she is a member of a federally recognized.