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turbinetree

(24,695 posts)
Sun May 15, 2022, 07:34 PM May 2022

Oklahoma's GOP governor threatens the state's more than 40 Native American tribes

By Sarah K. Burris
Published May 15, 2022

Oklahoma Gov. Kevin Stitt, a Republican, has warned the states of many Native American tribes that if they allow abortion on sovereign land he will intervene.

“Oklahomans will not think very well of that if tribes try to set up abortion clinics," Stitt said on Fox News Sunday.

“You know, the tribes in Oklahoma are super liberal,” he said. “They go to Washington, D.C. They talk to President [Joe] Biden at the White House; they kind of adopt those strategies. So yeah, we think that there’s a possibility that some tribes may try to set up abortion on demand. They think that you can be 1/1,000th tribal member and not have to follow the state law. And so that’s something that we’re watching.”

https://www.rawstory.com/oklahoma-native-american-sovereignty-kevin-stitt/

Hey, Stitt you do know how your "state" became a "state" right....who was there first ,,,,,,,white guys and gals or natives.....or was it created by ethic cleansing by white people in the southeast ......

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turbinetree

(24,695 posts)
9. Sounds like he will have a conundrum....
Sun May 15, 2022, 08:02 PM
May 2022

if he understands what it means by sovereign tribal lands.......

multigraincracker

(32,676 posts)
4. Treaties as Law of the Land
Sun May 15, 2022, 07:41 PM
May 2022
https://law.onecle.com/constitution/article-2/18-treaties-as-law-of-the-land.html

Treaty commitments of the United States are of two kinds. In the language of Chief Justice Marshall in 1829: “A treaty is, in its nature, a contract between two nations, not a legislative act. It does not generally effect, of itself, the object to be accomplished; especially, so far as its operation is intraterritorial; but is carried into execution by the sovereign power of the respective parties to the instrument.”

“In the United States, a different principle is established. Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself, without the aid of any legislative provision. But when the terms of the stipulation import a contract—when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract, before it can become a rule for the Court.”270 To the same effect, but more accurate, is Justice Miller’s language for the Court a half century later, in the Head Money Cases: “A treaty is primarily a compact between independent nations. It depends for the enforcement of its provisions on the interest and the honor of the governments which are parties of it.... But a treaty may also contain provisions which confer certain rights upon the citizens or subjects of one of the nations residing in the territorial limits of the other, which partake of the nature of municipal law, and which are capable of enforcement as between private parties in the courts of the country.”271

multigraincracker

(32,676 posts)
10. It will be interesting in the courts.
Sun May 15, 2022, 08:05 PM
May 2022

The U.S. Constitution trumps state laws when it comes to treaties. Treaties are the highest laws of the land, if you go by the original intent. That will make hard on those "conservative judges".

no_hypocrisy

(46,101 posts)
5. Isn't this akin to demanding a sovereign nation, e.g., Canada, Mexico, Venezuela,
Sun May 15, 2022, 07:55 PM
May 2022

follow statutes in Oklahoma -- or else?

turbinetree

(24,695 posts)
7. Basically yes....he wants to rule by fiat just like that "guy" in Florida, Texas, Georgia....
Sun May 15, 2022, 08:00 PM
May 2022

and the right wing fascist list goes on and on.....

turbinetree

(24,695 posts)
12. Well he is supposedly part Cherokee.....I guess he didn't get the message of how the tribe
Sun May 15, 2022, 08:06 PM
May 2022

was " put" on the land.....and I am part Cherokee or Tsalagi.....and my mother told me.....


https://www.indianz.com/News/2018/11/07/only-one-state-makes-history-with-electi.asp

sop

(10,177 posts)
15. I get the impression the governor only cares about white women receiving abortions at these
Sun May 15, 2022, 08:44 PM
May 2022

abortion clinics, not Native American women. Sadly, the majority of Oklahomans have never been concerned about Native American women and babies. Thousands of Native American women in Oklahoma were targets of forced sterilizations in the 1970s.

A 1976 GAO report on sterilization at IHS (Indian Health Service Facilities) found 3,406 sterilizations to have taken place between 1973 and 1976 at three Oklahoma facilities, many performed without consent. They probably don't teach that fact in Oklahoma schools.

dsc

(52,161 posts)
16. This is part of a fight since Kavenaugh authored a decision stating that
Sun May 15, 2022, 08:53 PM
May 2022

large parts of Oklahoma should be policed by natives and only natives. They have tried 40 times to get it overturned in around a year and a half.

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