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#304702 --- 01/27/06 11:34 AM Re: Seneca-Cayuga's Pay
sworldt Offline
Senior Member

Registered: 04/14/04
Posts: 2163
Loc: Auburn,NY
Quote:

Quote:

You say if it's legal you don't oppose.Not true it was legal for the tribes to do as they were untill the courts ruled differently,but you opposed the law.You opposed the US FEd. Gov.You were going to sue Sherrill.And they were all LEGAL.
In fact most of your platform is in opposition of one law or another.
Another example the courts said the tribes should apply to have their lands put into trust( LEGAL ),but you oppose it.So don't tell me if it is legal you support it.




I didn't state your missinterpretation. I said we support equality under the law and do not oppose laws that treat people equally.

The "courts" decide how to interpret the laws. We disagree on how laws are interpreted. The latest court agreed with UCE. The laws didn't change, so I guess you were wrong.

Again, I didn't state your missinterpretation. We didn't oppose the federal government, we disagreed with one branch's policy. This is the way our government works.

And what Sherrill did is not legal, which is why we circulated a petition to see how the residents felt. But the situation will change drastically over the next five years and we will win again without a lawsuit.

Our interpretation of the SCOTUS reference to trust lands is not the same. It's what's called dictim in legalese as a reference pointing out they explored every option and still had to rule against you. AND, when it comes especially to New York , there are as many points to be made regarding the 1934 IRA Section 5 as there are regarding the TIA's.




Well i guess i understand now ,you interpet what you want the way you want it.If the courts or anyone disagrees than of course they are wrong.So nobody is right but you.
You just spun so fast you feel off the edge of the earth.
But that is ok it is your right to organize your little Hate group. Your justification for your groups actions are all over the place.
I thought you wanted everyone to be treated and pay the same as one another.But now it is well the UCE doesn't pay their share,and dodge taxes so you need to twist your stand.
And it just so happens that what you oppose has the word indian in it.HMMMM
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#304703 --- 01/28/06 07:48 AM Re: Seneca-Cayuga's Pay
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
dream a happy dream...
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#304704 --- 01/28/06 10:04 PM Re: Seneca-Cayuga's Pay
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
Mother of 34 and her four biological children constitute one of the “tribes” that is pushing for a casino. I wonder what happened to her husband(s), if she had any?
http://www.ledger-dispatch.com/news/newsview.asp?c=177651

This is obviously another faction of a tribe from yesteryear, the same as the Seneca-Cayuga, or for that matter five of the Iroquois tribes that were one tribe that split from the Cherokee. NONE of which were the first tribes in New York. This is not their homeland.

Sworldt quote: “And your right there is only one nation.As the federal goverment rules over each state the same as they do the tribes.Why is it so hard for you to understand the tribes were given rights the same as the states were given by the same goverment.”

AGAIN, an additional missinterpretation added to the ONLY thing we've agreed on (there is only one nation). The federal government does NOT rule over each state the same as the tribes. The feds (Congress) has absolute authority over the tribes. The feds do NOT have absolute authority over the states. It is true that the feds, be it congress, executive orders, or judicial rulings have granted tribes what rights they have. But it is the people and the states that granted the feds the rights they have., as provided in the Constitution. It is NOT plenary, as it is with the tribes. THAT’s why tribes are so scared over the people demanding that our representatives represent them.

If Boehlert wasn’t working for Halbritter, we’d have a congressman that did his job. He WILL support trust applications because he works for Halbritter, BUT will oppose the Seneca-Cayuga tribes attempts, because King Ray doesn’t want them here. He’s not representing YOU either. IF he was representing me, let me say one more time Congress has absolute authority over the tribes.

As for Pombo’s efforts, the ethics hearings could result in him being indicted. If that happens, the USET connection of him being paid $66,000 to “settle the New York land claims” will come in to play. Being that USET’s Board of Directors from New York include 3 Mohawk officers, Seneca chief Barry Snyder, Oneida CEO Ray Halbritter, and Cayuga spokesman Clint Halftown, that all have land claims in this state - this bribery effort could backfire. NONE of them want the Seneca-Cayuga tribe to get a foot in the door and I don’t think the Seneca-Cayuga are members of USET.

Sworldt quote: “you interpet what you want the way you want it. If the courts or anyone disagrees than of course they are wrong.So nobody is right but you.”

I guess you must have missread the point I stated “The ‘courts’ decide how to interpret the laws. We (you and I) disagree on how laws are interpreted. The latest court agreed with UCE. The laws didn't change, so I guess you were wrong.”

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#304705 --- 01/28/06 10:18 PM Re: Seneca-Cayuga's Pay
sworldt Offline
Senior Member

Registered: 04/14/04
Posts: 2163
Loc: Auburn,NY
I guess you must have missread the point I stated “The ‘courts’ decide how to interpret the laws. We (you and I) disagree on how laws are interpreted. The latest court agreed with UCE. The laws didn't change, so I guess you were wrong.”

because you had one ruling agree with you doesn't make you correct on all your points.Nor does it change your preachings of past.Do you agree with the laws and support the law?
By the way which ruling was that?
Has the UCE paid your share of taxes?
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#304706 --- 01/28/06 10:21 PM Re: Seneca-Cayuga's Pay
sworldt Offline
Senior Member

Registered: 04/14/04
Posts: 2163
Loc: Auburn,NY
"Sworldt quote: “And your right there is only one nation.As the federal goverment rules over each state the same as they do the tribes.Why is it so hard for you to understand the tribes were given rights the same as the states were given by the same goverment.”

AGAIN, an additional missinterpretation added to the ONLY thing we've agreed on (there is only one nation). The federal government does NOT rule over each state the same as the tribes. The feds (Congress) has absolute authority over the tribes. The feds do NOT have absolute authority over the states. It is true that the feds, be it congress, executive orders, or judicial rulings have granted tribes what rights they have. But it is the people and the states that granted the feds the rights they have., as provided in the Constitution. It is NOT plenary, as it is with the tribes. THAT’s why tribes are so scared over the people demanding that our representatives represent them. "

and again your interpetation or opinion.Mine is that the federal gov. has granted rights to all of us.Why would you want to destroy the rights or another?
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#304707 --- 01/28/06 10:25 PM Re: Seneca-Cayuga's Pay
sworldt Offline
Senior Member

Registered: 04/14/04
Posts: 2163
Loc: Auburn,NY
Dick: In all that your group opposes does any of it not pertain to the tribes either directly or indirectly?
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#304708 --- 01/28/06 10:32 PM Re: Seneca-Cayuga's Pay
sworldt Offline
Senior Member

Registered: 04/14/04
Posts: 2163
Loc: Auburn,NY
Qoute " The federal government does NOT rule over each state the same as the tribes. The feds (Congress) has absolute authority over the tribes. The feds do NOT have absolute authority over the states. "

Isn't this a contradiction of what you usually preach and that the tribes are SUPER CITIZENS? According to your statement the tribes are tightly control by the feds.More so than you or me.
If this statement is correct wouldn't this make you the super citizen?
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#304709 --- 01/29/06 09:20 AM Re: Seneca-Cayuga's Pay
BraveHeart Offline
Gold Member

Registered: 04/12/00
Posts: 17740
Loc: TOV Seneca Falls
no not at all. just because the fed has authority, does not mean the impose anything. look at the reality. tribes can sell without collecting taxes, hunt, pollute without regulation. try that as a citizen of NYS.

Stop the Hate.
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Wholl drink a toast with me
To the devil and the deep blue sea
Gold drives a man to dream
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#304710 --- 01/29/06 10:06 AM Re: Seneca-Cayuga's Pay
sworldt Offline
Senior Member

Registered: 04/14/04
Posts: 2163
Loc: Auburn,NY
Quote:

no not at all. just because the fed has authority, does not mean the impose anything. look at the reality. tribes can sell without collecting taxes, hunt, pollute without regulation. try that as a citizen of NYS.

Stop the Hate.




Did i hit a nerve.Talcot is just giving another UCE hat dance.
Your statements from above.


"tribes can sell without collecting taxes" Aas do many not for profits who file as a charity.Like the UCE


"hunt" A right bestowed on them by treaties and our federal gov.


" pollute without regulation." Your right they should pollute as us companies do and that way the tax payers have to pay to clean it up.
And on a note of pollution i haven't seen a tribe pollute a lake beyond use as we have.I could continue but i won't.But remember the US uses the reservations in some cases as dumping grounds for our radioactive waste.And you got the nerve to accuse the tribes of polluting.First clean up our own act before pointing at someone else.
Everything i hear is about the tribes having to pay less and have more rights.Don't blame the tribes that WE as Us citizens have allowed our Gov. to strip us of many of our rights.Don't blame the tribes for our pols. spending tax payers money with no regard to us the tax payers.

We would do better to make our own goverment tow the line and start holding them responsible for their actions instead of trying to destroy the rights of others.
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#304711 --- 01/29/06 12:31 PM Re: Seneca-Cayuga's Pay
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 5565
Loc: Greeneville, TN
Quote:

Qoute " The federal government does NOT rule over each state the same as the tribes. The feds (Congress) has absolute authority over the tribes. The feds do NOT have absolute authority over the states. "

Isn't this a contradiction of what you usually preach and that the tribes are SUPER CITIZENS? According to your statement the tribes are tightly control by the feds.More so than you or me.
If this statement is correct wouldn't this make you the super citizen?




Jumping back - the "ruling" I refer to is the 2nd Circuit throwing your bogus land claim in the trash.

As to the above -
Again you make a statement I never made as though you were repeating me. The problem is the feds are NOT controling the tribes. It has been Congress, bought and paid for with the best money can buy, that has plenary power. With that, tribal governments have obtained Communistic powers over their own people. The agencies installed by Clinton assist in this supression of the Indian people, who have no civil rights as a tribal member.

Further problems arise when tribal governments exert their authority and sovereign immunity affecting the lives of non-tribal peoples.

Native casino owners share guilt in scandal
by Doug George-Kanentiio

(January 25, 2006) — The Jack Abramoff scandal has netted a number of Washington-based lobbyists and appears likely to cost several U.S. congressmen their political lives.

So far the mainstream press has not been overly critical of Indian casino operators who knowingly took part in the Abramoff scheme, although this may change once Abramoff testifies before U.S. prosecutors.

If Native gambling is to survive, organizations such as the Native American Gaming Association have to take the lead in calling for changes in the National Indian Gaming Act, new laws that will require greater accountability, annual fiscal reports to all tribal members and mandates that will ensure the profits are spent for programs that benefit the people.

But don't expect NIGA to do this. That group, which, despite its claims to the contrary, has connections with Abramoff and has gone so far as to seek an alliance with disgraced Rep. Tom DeLay, according to Indianz.com, a Native-owned online news service.

It is silly for NIGA to maintain that Indian gambling is free of corruption and is sufficiently regulated to prevent any large-scale abuses. What NIGA must do to keep what credibility it has is to seek a vigorous, comprehensive criminal investigation into this affair insofar as it involves Indian nations and, when warranted, stiff jail terms for those leaders who spend millions of dollars of their people's money without consent.

Whether it is unauthorized endowments to Harvard or millions of dollars to lobbyists, it is time to clean up Indian gambling and, while we are at it, perhaps it is time for NIGA to press the nations to pass an Indian Civil Rights Act that is enforceable and guarantees the human rights of all Native peoples.

It doesn't make sense to send American kids to die in Iraq for democracy's sake when those very freedoms are denied to Indian people here. Nothing like a free press to keep Indian leaders honest. However, there is no free press in Indian country. Most Native publications are heavily controlled and financed by Native groups, which in turn depend on gambling revenues.

All this reminds me of a story. It seems that Coyote, the eternal trickster, had gotten the idea that there was power in the excrement of animals and humans. And once Coyote had an idea in his mind he would not let it go. He searched around for a place where he could collect the excrement and came upon a village of Indians.

With his clever tongue he persuaded them that great power was in the excrement, which he would share with them if only they would agree to allow him to place it near the village. The Indians eagerly agreed.

As everyone knows, there is an endless supply of this material and Coyote got busy collecting it. In a very short time he had enough to build a great hill large enough to cast the village in a deep shadow. When the people complained about the terrible smell, Coyote brought them bundles of sweet-smelling sage, which he tied around their heads so the herb was suspended right beneath their noses. The pile of excrement grew and grew until it touched the clouds, changing their color from white to a putrid brown.

Finally, the smell rose to the Creator, who was so offended he sent a great storm to wash away the excrement mountain which, sadly, buried the village.

Coyote, ever the survivor, was saddened by the loss of his mountain but accepted no blame. As he trotted away following another idea, he muttered to himself that it was not the excrement that destroyed the villagers but the sage they had tied beneath their noses.

George-Kanentiio, Akwesasne Mohawk, resides on Oneida Territory. He is a co-founder of the Native American Journalist Association and the author of two books on Iroquois culture.

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#304712 --- 01/29/06 11:00 PM Re: Seneca-Cayuga's Pay
Okla.ndn Offline
Senior Member

Registered: 12/21/02
Posts: 3074
Loc: Osage Indian Nation in Oklahom...
"tribal governments have obtained Communistic powers over their own people. The agencies installed by Clinton assist in this supression of the Indian people, who have no civil rights as a tribal member." Your wrong Dick. I have every right you have. Our constitution gives our members every right you are garunteed by the Constitution of the USA. Look under bill of rights. http://home.earthlink.net/~tribal-forum/Seneca-Cayuga%20Constitution%20and%20By-Laws.pdf
_________________________
I am a General Council member of the Seneca-Cayuga Tribe I speak for my self not my Tribe.

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#304713 --- 01/30/06 05:02 PM Re: Seneca-Cayuga's Pay
dwarren Offline
Senior Member

Registered: 01/20/03
Posts: 1542
Loc: West Seneca, NY
Quote:

"tribal governments have obtained Communistic powers over their own people. The agencies installed by Clinton assist in this supression of the Indian people, who have no civil rights as a tribal member." Your wrong Dick. I have every right you have. Our constitution gives our members every right you are garunteed by the Constitution of the USA. Look under bill of rights. http://home.earthlink.net/~tribal-forum/Seneca-Cayuga%20Constitution%20and%20By-Laws.pdf




This statement is technically not true. You do not have the same rights viz a vis you and your tribal government as a NYS citizen vis a vis the federal or state government. First and foremost is that under your constitution there is no independent judiciary which is a fundamental right under any state and federal constitution in fact there appears to be very little separation of powers or checks and balances.

The Constitutional principle of separation of powers protects each of the three Branches of the federal government from encroachment by either of the other Branches. Article III of the Constitution "establishes a 'judicial department' with the 'province and duty ... to say what the law is' in particular cases and controversies." Plaut, 514 U.S. at 218 (quoting Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177 (1803)). The separation of powers "serves both to protect the role of the independent judiciary within the constitutional scheme of tripartite government, . . . and to safeguard litigants' right to have claims decided before Judges who are free from potential domination by other branches of government." Commodity Futures Trading Commission v. Schor, 478 U.S. 833, 848 (1986)

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#304714 --- 01/30/06 06:13 PM Re: Seneca-Cayuga's Pay
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Abramoff

Delay

Ney

Pombo

Boehlert


_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#304715 --- 01/30/06 06:35 PM Re: Seneca-Cayuga's Pay
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
...



Disdain for Great Law

Predictably, Halbritter's casino coup engendered vehement opposition within the traditional Oneida community, as did his public disdain for traditional Iroquois law.

"When I installed him as a leader, he worked with the Oneidas and with the rest of the Confederacy, as was required by our law," Maisie Shenandoah said. "Once he established his own power base, this all changed. He had a certain charisma that led people to believe that he was working for the best interests of the Oneida people, but his actions were clearly aimed at getting money and power for himself." Halbritter's casino scheme typifies his duplicitous approach, according to Shenandoah. "He told everybody that he was only going to rebuild the bingo hall, but all along he was secretly planning to build a casino, and he made that decision without our consent."

Under the Iroquois Confederacy's "Great Law of Peace," decisions of the sort Halbritter undertook require the approval of the entire community in Clan meetings conducted at the "Long House," which is central to both the political and religious life of the Oneidas. "Halbritter didn't bring any of these matters before the Clans, as he was required to under our Great Law," recalls Shenandoah.

But Halbritter - his "traditionalist" pretensions notwithstanding - has made it abundantly clear that he has little regard for the Great Law. Tribal chiefs must be able to recite the Great Law, which is the religious and political constitution of the Confederacy, in the original language. Halbritter, who exercises the powers of a chief, cannot speak more than a few token syllables of the Oneida language. In a televised interview, he has made scornful remarks about the value of the Great Law and disparaged Oneidas critical of his regime as shiftless Indians who "are all drunk and smashing their trucks."

In mid-Summer 1993, the Iroquois Grand Council removed Halbritter from his position as Oneida representative. On August 10th of that year, the Grand Council's decision was officially recognized by Bureau of Indian Affairs director Ada Deer, who formally withdrew federal recognition from Halbritter. However, on the very next day, Halbritter met with Deer and prevailed upon her to reverse her decision on the condition that the Oneidas hold an election - a remarkable proposal, coming as it did from the same individual who had literally stolen an Oneida election six years earlier.

This time, Halbritter's tactics displayed more subtlety. Using his Washington connections, Halbritter succeeded in having the proposed election scrapped in favor of an "affidavit campaign," in which he would collect signed statements from Oneidas recognizing him as the legitimate representative. Halbritter's drive to secure a "mandate" succeeded after he quadrupled the amount each tribe member received in his profit-sharing check.

In November 1993, Deer formally restored federal recognition to Halbritter, in part because of the affidavit campaign, but also because of a dubious deal between the Clinton Administration and Congressman Sherwood BOEHLERT (R-NY), whose district includes the Oneida land claim area.

NAFTA Side Deal

In November 1993, as Halbritter was trying to cinch up federal recognition once again, the Clinton Administration's drive to win congressional approval of the North American Free Trade Agreement (NAFTA) was in its closing stretch. In his eagerness to win NAFTA approval, the President was willing to grant nearly any favor within his power to any undecided congressman (see "The Great Sovereignty Sellout," in our December 13, 1993 issue). Congressman BOEHLERT'S name was prominent in the Republican "undecided" column, and the congressman used his leverage on Halbritter's behalf.

The November 7, 1997 issue of the Rome, New York Daily Sentinel recalled that after the NAFTA vote in November 1993, BOEHLERT boasted that "a good case" could be made that by holding out as an "undecided" until the last possible moment he had won "federal recognition of Ray Halbritter as representative for the Oneida Nation...."

It is possible that in 1993 BOEHLERT believed that the re-installation of Halbritter would be of economic benefit to his district. However, now that Halbritter has threatened to evict tens of thousands of the congressman's constituents from their homes, BOEHLERT'S attachment to the rogue Indian leader has fueled speculation that corrupt motives are at work. The December 14, 1998 Daily Sentinel reported that the Oneida lawsuit, and the resulting voter outrage, will not deter BOEHLERT from taking campaign contributions from Halbritter. Many of Halbritter's critics, among both the Oneidas and the threatened landowners, believe that a private entente of some sort explains BOEHLERT'S support for the controversial Oneida Nation representative. In an open letter to BOEHLERT published in several area newspapers in October 1996, Oneida dissident Victoria Halsey inquired: "What kind of relationship do you or your family have with Halbritter? Is it political, financial, personal, or business? Is it true your family or relatives are involved with the concessions at the Turning Stone Casino?"

Turning Stone has generated hundreds of millions of dollars, and nobody except, perhaps, Ray Halbritter can account for them. In May 1997, the National Indian Gaming Commission, which supervises Indian Casinos and other gaming activities for 186 tribes across the nation, cited the Oneida Nation for failing to file the annual audits on Turning Stone required by both local and federal laws.

....
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#304716 --- 01/30/06 06:50 PM Re: Seneca-Cayuga's Pay
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Boehlert wants residents held harmless in land claim

By DENISE M.CHAMPAGNE
Finger Lakes Times


UTICA Rep. Sherwood Boehlert, R-24 of New Hartford, is in favor of holding residents of Seneca and Cayuga counties harmless regardless of how the Cayuga Indian Nation's land claim is resolved.

That's what he told officials from the two counties who met with him Friday in his Utica office to discuss the Nation's request to have its land taken into federal trust for its own use, free from taxation and local jurisdiction.

"The one area of universal agreement was in the hold harmless agreement that the counties should not be penalized for the lack of deeds or misdeeds by the federal government," Boehlert said after the meeting.

He has not taken a stand on the application, other than to support the Nation's right to make its request to the Bureau of Indian Affairs.

"I'm not going to be a partner to denying the rights of any citizen of their country the right to petition his or her government," Boehlert said. "The law is clear. The Native Americans are using the process to request something and they have that right and I'm not going to deny that right."

The Nation's application applies to nearly 14 acres in the town of Seneca Falls where it owns the LakeSide Trading gas station/convenience store and the temporarily closed LakeSide Entertainment electronic bingo facility. It has two similar but larger enterprises in the town of Springport, Cayuga County, for which it is also seeking trust status.

Lawmakers in the two counties are opposed and have been meeting with lawyers and each other to discuss strategy.

Four representatives from Seneca County and three from Cayuga met with Boehlert for about 90 minutes to reiterate that opposition.

"We had a thorough discussion of the issues," said David Dresser, chairman of the Seneca County Board of Supervisors' Indian Land Claim Committee. "We've opened important dialogue with the congressman. He will be following up with us and we with him."

Board Chairman Robert Shipley said he appreciated Boehlert's candor and commitment to hold residents harmless for the loss of real property, sales and use taxes related to land held by tribal governments.

"It would be inappropriate for any of us to discuss the individual points and the stance we intend to take with the BIA, except Congressman Boehlert is looking out for the best interests of Seneca and Cayuga County residents," he said.

The bureau is expected to announce the scheduling of public hearings in each county soon.

Congressman Boehlert listened intently to the county's arguments and provided his input reiterating many of the points he's made in the past," said Seneca County Attorney Steven Getman. "He was especially concerned that checkerboarding (putting clusters of non-contiguous parcels into trust) should be avoided, that the BIA process had to be thoughtful and deliberative and there should be no rush to judgment by the federal government."

Seneca County was also represented by County Manager Sharon Secor. Attending for Cayuga County were Legislature Chairman George Fearon, Legislator Raymond Lockwood and County Attorney Frederick Westphal.

Republican Brad Jones of Seneca Falls, who is running against Boehlert, did not attend, but issued a press release Wednesday, the day after county officials announced the meeting.

Jones said he is adamantly opposed to any Indian tribe being allowed to place land in trust in the state and called on Boehlert to say whether he is for or against it.

"Asking for hearings, holding meetings and getting extensions to response deadlines is all well and good, but will not protect the landowners of the district if the Indian tribe's request is ultimately granted," Jones said.

Boehlert, who got an extension to Feb. 10 for the two counties to submit their response to the Nation's request, said he continues to press for the parties to negotiate a settlement to extinguish land claims.

"No one has any difficulty finding where I stand on it," Boehlert said. "I am for holding the counties harmless. I am opposed to checkerboarding. How can I have a stand on something not defined. We have a petition, not yet developed."

The nation's highest court, in City of Sherrill v. Oneida Indian Nation of New York, ruled the Oneidas cannot reclaim land 200 years after the fact and assert sovereignty.

The Appeals Court June 28 threw out the Cayuga Nation's 25-year-old claim to 64,015 acres of land in Seneca and Cayuga counties, along with a joint $247.9 million award to be shared with the Seneca-Cayuga Tribe of Oklahoma.
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#304717 --- 01/30/06 06:52 PM Re: Seneca-Cayuga's Pay
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 32556
Loc: USA
Mr Boehlert - when you say that you want the residents to be held harmless, does this also apply to the uncollected taxes from the tribes?

With these taxes not being collected, are the residents truly being held harmless????


(Doublespeak)
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#304718 --- 02/01/06 03:27 PM Re: Seneca-Cayuga's Pay
dwarren Offline
Senior Member

Registered: 01/20/03
Posts: 1542
Loc: West Seneca, NY
Quote:

Quote:

"tribal governments have obtained Communistic powers over their own people. The agencies installed by Clinton assist in this supression of the Indian people, who have no civil rights as a tribal member." Your wrong Dick. I have every right you have. Our constitution gives our members every right you are garunteed by the Constitution of the USA. Look under bill of rights. http://home.earthlink.net/~tribal-forum/Seneca-Cayuga%20Constitution%20and%20By-Laws.pdf




This statement is technically not true. You do not have the same rights viz a vis you and your tribal government as a NYS citizen vis a vis the federal or state government. First and foremost is that under your constitution there is no independent judiciary which is a fundamental right under any state and federal constitution in fact there appears to be very little separation of powers or checks and balances.

The Constitutional principle of separation of powers protects each of the three Branches of the federal government from encroachment by either of the other Branches. Article III of the Constitution "establishes a 'judicial department' with the 'province and duty ... to say what the law is' in particular cases and controversies." Plaut, 514 U.S. at 218 (quoting Marbury v. Madison, 5 U.S. (1 Cranch) 137, 177 (1803)). The separation of powers "serves both to protect the role of the independent judiciary within the constitutional scheme of tripartite government, . . . and to safeguard litigants' right to have claims decided before Judges who are free from potential domination by other branches of government." Commodity Futures Trading Commission v. Schor, 478 U.S. 833, 848 (1986)




Okla, no substantive response?

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#304719 --- 02/01/06 07:37 PM Re: Seneca-Cayuga's Pay
Okla.ndn Offline
Senior Member

Registered: 12/21/02
Posts: 3074
Loc: Osage Indian Nation in Oklahom...
"First and foremost is that under your constitution there is no independent judiciary which is a fundamental right under any state and federal constitution in fact there appears to be very little separation of powers or checks and balances." Again Dan your wrong. We don't have a court system therefore I have the right to take the Tribe to fed. court. And we have done it so I know how to do it. I don't wish to give out the case that we took the Tribe to court over. So all I will say is we won the case and did it without a lawyer the Tribe had one, but he didn't know what he needed to know about Indian law. I know what my rights are.
_________________________
I am a General Council member of the Seneca-Cayuga Tribe I speak for my self not my Tribe.

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#304720 --- 02/02/06 09:48 AM Re: Seneca-Cayuga's Pay
dwarren Offline
Senior Member

Registered: 01/20/03
Posts: 1542
Loc: West Seneca, NY
Quote:

"First and foremost is that under your constitution there is no independent judiciary which is a fundamental right under any state and federal constitution in fact there appears to be very little separation of powers or checks and balances." Again Dan your wrong. We don't have a court system therefore I have the right to take the Tribe to fed. court. And we have done it so I know how to do it. I don't wish to give out the case that we took the Tribe to court over. So all I will say is we won the case and did it without a lawyer the Tribe had one, but he didn't know what he needed to know about Indian law. I know what my rights are.




Where in there did they waive their sovereign immunity for such claims?

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#304721 --- 02/02/06 12:48 PM Re: Seneca-Cayuga's Pay
Okla.ndn Offline
Senior Member

Registered: 12/21/02
Posts: 3074
Loc: Osage Indian Nation in Oklahom...
Our Tribal leaders don't have sovereign immunity from a member filing a law suit when they act out side of their duties. In the case I was talking about, a finding was made by our grievance committee and our BC didn't like it and wouldn't follow the finding. That opened the door to the fed. courts. Dan I have been a Tribal member all of my life and I have spent a lot of time learning what my rights are. Others might have just walked away not knowing what rights they have. You can only be pushed around if you let it take place.
_________________________
I am a General Council member of the Seneca-Cayuga Tribe I speak for my self not my Tribe.

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