Tuesday, January 27, 2009

A further review of Larry Echo Hawk's reactions to State-Tribal Sovereignty disputes (6th In a Series)

[Click here for most Recent article on Larry Echo Hawk's (Re)Confirmation hearing...]

Who said this?

"State-law compliance is in fact a characteristic circumstance of most cases maintained under Young, see, e. g., Edelman, 415 U. S., at 655, which are brought not because the defendant officials are mavericks under state law but because the state law is claimed to violate federal law made controlling by the Supremacy Clause." (http://supreme.vlex.com/vid/19962673)

Souter, David H. souter, Supreme Court Justice David H. Souter.

And this is why I question whether Larry Echo Hawk is on the Sovereignty Team Roster, given his history which was widely reported in the New York times, the Desert News, and on the mouths of those so easily betrayed.

He wanted us to start dealing with States. Does this mean when there are boundary disputes (and buildings have already been built on the disputed land) that we turn to the State, County, or City surveyor's opinions? Are we, according to Larry Echo Hawk, to politely ask the State to remove their citizen from our land, and tear down his massive buildings? This is only one of a vast multitude of state-tribal issues that occur on a daily basis. For instance fishing was guaranteed in treaties. Mr. Echo Hawk again used legal wrangling to force Southern Idaho Tribes to stop fishing, and can anybody tell me if that was when the recreation fishing was still open?

The words of Justice Souter from above still ring true, just as they did during the Lake Coeur d'Alene Case. Can anybody tell me who has jurisdiction over the lake today? And who was the State Attorney General at the time, when a state was asserting that a tribe did not have jurisdiction over Treaty-guaranteed land and a lake of which Idaho, in it's own constitution establishing statehood, vowed never to touch? The history is there, it's not that Larry Echo Hawk was a bad person or even is today. The issue is that circumstances would suggest that he did not understand how Tribal Sovereignty applies in relation to States and has not given chance to show that anything has changed since then. That is all that should be developing from all of this. That he does not necessarily believe that he had effects detrimental to Tribal Sovereignty, does not excuse the fact that he did have detrimental effects; so he should come forward and tell us if he still believes that States are who the Tribes should be dealing with. Larry Echo Hawk should explain why he helped Idaho State; what went through his mind as he openly pushed the cart forward over the Tribes' Sovereignty to establish gaming on their own reservations.

I'm not converted yet and neither are some other Indians, despite what their own councils say. If it didn't come from a people-generated-vote, you can bet that not everybody agreed to what any Council said. One of my hopes is that any other council who may decide to support him, any other Indian Organization which may take the bitter pill, get something in writing from Larry Echo Hawk before you sign away any chance to hold the office of Assistant Secretary for Indian Affairs accountable.

Otherwise, one of us will be saying "I told you so." (If he gets confirmed, I sincerely hope all his supporters can come back here and say "I told you so" after a year or two into his position, otherwise, we'll all be waiting "again" for someone to take the BIA helm who really understands us.)

1 comment:

Anonymous said...

I remember being told of the trail of tears,my grandmother would tell me how the slaves and indians were given old bread with sour milk in troughs. The journey north,how the old,weak,and children. My great grandmother was a black Indian, and itwas and is so sad to me that I never passed that down to my two boys.They Know that their ancestry is partly Indian, you can look at both and we are a family that you can see it. Yes, part white.My great grandmother married the son of a slave raped by her white master.We know that.Just as we know that The Indians got some chocolate cravings also. How dare you people disown us.My family never got anything from you,. And we are Black Indians,I thought you were so great of a people,as my Black heritage.But To think the honor my grandmother spoke of,the sadness that came over her as she spoke. I can say you all disgust me more so than the white man, they are a evil and demented race, but I see you are both the same. I had wanted them to know their heritage, just because you were their heritage,.I thought you were governed by character , pride ,and honor. You and the white man have become as one,you may as well dissolve the reservation.Except you look up to him,want his approval, he looks down still at you.