Federal agents seize Menominee hemp crop on Native American tribal land


#1

[Read the post]


#2

Why would a judge approve a warrant for searching sovereign land? Is there any legal basis for this?


#3

It’s the law of the land in the United States of We’re-LEOs-And-Can-Do-Whatever-The-Fuck-We-Want.


#4

Also, if it was a Tribal judge then hey, whatever…


#5

The article specifically says Federal Judge.


#6

That’s my point, tribal lands are not “in the United States”. They are surrounded by it, but not subject to it.

Anyway, it’s irresponsible to not control your LEOs.


#7

That’s also my point. :wink:


#8

Native Americans smoke weed?


#9

Last I heard, tribal lands are subject to federal law. They aren’t subject to state laws, which is why they were often able to open casinos, sell fireworks, etc. when it was illegal in the surrounding state. The Bureau of Indian Affairs, for example, is a federal agency.


#10

Yeah, it is a rat hole. Tribal lands are subject to some federal laws and not others–usually non criminal–and things get really murky when say excessive pesticide or fertilizer runoff ends up in a non tribal stream.

It comes down to basically supreme court interpretations of treaties written between 1780ish and 1871 (I think). The last one, if my brain works, was in 1991.


#11

ETR: @japhroaig already linked the wackipedia

From what I am reading here, it seems to be quite contentious. A lot of modifications over the years are suspect because the US federal government first recognizes them as “sovereign”, but then the US declares changes in the meaning and scope of it after the fact. Which is not how sovereignty works.

But there is a lot of stuff to research here, so I don’t have close to a complete picture.


#12

Why bother to research it? It is whatever the Federal Government decrees until a Federal court says otherwise… That’s the way it works when you’re a conquered series of nations embedded in your conquerers.


#13

I find it generally beneficial for people to know what they are talking about. Especially when I am paying them to represent me. If they seem unable to understand their own treaties, it makes everybody concerned look bad, and diminishes their authority.


#14

(It is whatever Congress specifically passes as an act of legislation. Can’t be an executive order or signing statement. The executive order part reading native Americans was kiboshed a century ago. Oh, and treaties were made nonos in 1871, when Congress basically Table Flipped native American rights)


#15

I guess you have more free time to go research things of interest than other folks.


#16

Yeah, there is. Tribal sovereignty is not absolute and to some extent depends on which state the tribe resides in. They are considered domestic dependent nations. In states governed by Public Law 280, the state has jurisdiction over criminal and civil matters. Even in non-PL280 states, there are limits on the types of crimes that can be pursued through tribal processes.

Sucks, I know. We promised them sovereignty as long as the grass shall grow. Promised that several times in fact. But this is what they got.


#17

Of course, this was after we helped murder 90% of them (and, indirectly, more like 97%).


#18

Every single cynical impulse I had is turning out to be right- legalized weed is gonna end up being a White’s-only thing.


#19

Shit, man, it isn’t here in Oakland. Everyone of all nations is smoking weed here. Hell, it’s after five now. Later!


#20

God, it’s so stupid. It’s a plant. Just a thing that naturally occurs. And someone decides your life can be ruined for having it simply because it makes you happy and a little bit lazy. Makes zero sense.