Thursday, February 19, 2009

What is sovereignty? The Hualapai Tribe has the correct answer

This is a case regarding the Hualapai Tribe's inherent assertion of sovereignty over its own airspace.

The Arizona Daily Sun has reported about an issue that is pertinent to the discussion about the current appointments to key Indian positions in the government. The story in the Feb 18 issue of the Arizona Daily Sun, Hualapai, pilot at stalemate is a prime example of what sovereignty should mean. This is where our key appointed officials work with the Federal Government to spell out what sovereignty means.

In this case a pilot flew through Hualapai Tribal airspace and was subsequently detained so he could be cited for trespassing.

Cyndy Cole reports that the FAA said that the FAA has not given the [Hualapai] tribe any airspace rights.

In 1871 the U.S. stopped making treaties. In 1874 they moved the Hualapai (one could argue illegally) for the benefit of the Santa Fe Railroad. In 1883 they created the Hualapai Reservation by Executive Order. The FAA has never been given rights from the Hualapai Tribe. If the Hualapai had not stipulated what rights the United States had by 1871, then basically the United States cannot come in and say what they "think" the Hualapai Tribe meant to bestow on the States. And since the U.S. Government gave up making treaties in 1871, we should assume that the United States were never given rights from the Hualapai Tribe.

Treaties between the United States and Indian Tribes, are stipulations for what rights the Tribes gave up, and what the United States gave to the Tribes in exchange. I seriously doubt that the Hualapai gave up the right to govern their airspace. In other words they have a reserved right to everything that they didn't give up. Right? Right? There are a few ways to express that concept but for purposes of this conversation, we'll keep it simple.

Bravo to the Hualapai Tribe for exercising Sovereignty. Let's hope the Federal Officials learn about sovereignty from the Hualapai action.

Just so it's clear, THE FAA has no airspace rights to give to anyone over the Hualapai Reservation because the Hualapai Tribe never gave up that right.

hmmmm......what's Spectrum?

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