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Blackbear 10-31-2005 04:23 AM

MNN Mohawk Jurisdiction Question "Denied" by US Supreme Court
 
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Subject: MNN Mohawk Jurisdiction Question "Denied" by US Supreme Court


MNN Mohawk Jurisdiction Question "Denied" by US Supreme Court

MOHAWK INDIGENOUS JURISDICTIONAL QUESTION “DENIED” BY U.S. SUPREME COURT
(Is it boo-hoo or ya-hoo?)
MNN October 26, 2005. On October 11th, 2005, we found out that our
question on constitutional jurisdiction was “denied” by the U. S. Supreme Court.
The Judicial Conference decided not to send it up to the justices for
consideration. The only answer they could have given to our question about whether
Article II, Section 2, Clause 2 is still in the U.S. Constitution would have
been “yes”. This Article points out that they can only deal with Indigenous
nations on a constitution-to-constitution basis.
We fought well. We’re proud of our accomplishments. Some felt sad. Others
felt it was the right decision. We know for sure that the United States is
‘hell bent’ on continuing the genocide of the Indigenous people, at least
of those who refuse to knuckle under.
We confirmed that the law of the North American courts is the law of
coercion and force. The Kaianereh’ko:was/Great Law is the law of consent. There has
been no conquest of us and no consent by us for them to force their
jurisdiction on us. Therefore, we continue to be independent sovereign Kanion’
ke:haka, not American citizens. We continue to live by our own laws.
The constitutions of our people and that of the United States do exist.
They have not been amended. We thought we could get the court to say, “Well,
yes, we do have a constitution-to-constitution relationship with you Rotinoshon
’non:we/Iroquois”. In effect they said, “But we don’t want to publicly
acknowledge that you never gave up your sovereignty or surrendered any of your
land. It would be unspeakable! It would turn the world upside down! We can’
t have that! It’s mind boggling!”
Justice Clarence Thomas of the Supreme Court in his concurring opinion on
April 19, 2004 in USA v. Lara and our work has now confirmed the original and
authoritative precedent on the constitutional jurisdiction issue. Thomas’
opinion is binding on the United States until it is overturned by the full
Supreme Court. This won’t happen. It is still the law of the land for the U.S.
and its citizens. The federal government is hoping that no one will notice
it.
When the court refused to address our case No. 05-165, this showed that the
United States does not want to follow the rule of law. The Court knows
Thomas was right and the constitutional jurisdiction issue will continue to “haunt
” until it is addressed. As it stands, we killed “colonialism” and “
federal Indian law” in Kaianereh’ko:wa territory.
Why did we do this? To reaffirmed our position. Said one member of the
group who worked on this, “Whether you acknowledge it or not, USA, this is our
land. We are continuing to claim what is ours. Don’t forget that! We don’
t need you to rule in our favor, to validate us, to win anything from you.
We know who we are! You know who we are! We put the issues of jurisdiction
and genocide in your face. We’re watching you. We always will. We’ll never
go away. No matter what you think, you have to deal with us. We have
lineage that predates colonial contact. You can’t block us. We are the
grandparents of this land. So there!” (Ain’t that the truth!)
In the meantime, we have been successfully asserting our jurisdiction. We
consistently informed New York State courts they did not have any
jurisdiction to deal with us in their fraudulent attempt to settle Indian land claims.
Consequently, they all crashed. Remember, New York State is our land.
Otherwise, why are they always trying to settle their claims to our land?
We constitutional Indigenous people have been notifying our point man, the
U.S. President George Bush, to stop any development on our land. We have
been sending 'disclaimers' to him about such mega projects as the New York Power
Authority who want to build a power station, and to the Army Corp of
Engineers who want to expand the St. Lawrence Seaway. We told him to make them
stop their work immediately. We never surrendered the lands in question. We
remind him that according to constitutional law they need our authority. The
President’s office has acknowledged and not disputed our legal notices. The
St. Lawrence Seaway Authority just announced they are not going ahead with the
expansion for the foreseeable future, without giving any reasons.
We also evicted a non-Indian from Akwesasne Mohawk Territory in full view of
all U.S. Homeland Security forces. They were informed ahead of the action
and stood by and watched the whole operation.
Resolution of the issue cannot come from their courts. We left our paper
work throughout their judicial system. We discouraged them from using their
courts to commit genocide. This was their main route in the past. They will
continue to try to apply the Indian Gaming Regulatory Act and New York State
Constitution to set up casinos. But they will always be worried about being
hit with a jurisdictional suggestion asking them how they got the right to do
this on our land. We can never be the plaintiffs as we can’t attorn to their
court.
There is a stalemate. The federal government will try to use
unconstitutional legislation. Or they will make “contracts”, which will be illegal too.
We have exhausted all domestic remedies. This is a pre-condition before
going into the universal jurisdiction. Some have suggested we should put the
issue into the international realm. Basically, it boils down to requiring the
other constitutional courts in the world to alert the constitutional courts
of Canada and the U.S. that they must follow their constitution to stop
committing Indigenous genocide. They have to address their constitutions and deal
with us on a nation-to-nation basis.
We have the Kaianereh’ko:wa/Great Law as the governing constitution. It is
now time to decide whether to bring it to a resolution according to the Great
Law in the international arena. We continue to be united.
Kahentinetha Horn
MNN Mohawk Nation News
[email protected]


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