Federal-Indian Discriminatory Law

Sky Horse by Kee Andersen
Source: www.firstpeople.us

The title above may be more truthful today than the so-called Federal-Indian Law and the rule of law of the United States Judiciary and the U.S. Supreme Court, bearing against the lawful claims of Indigenous, original peoples and nations of Turtle Island and Unci Maka, Grandmother Earth.

The Supreme Court has made errors in law. One such example is the Johnson v. M'intosh opinion in 1823. This was not a real controversy. It was a collusive set-up by the parties to win recognition of real estate titles. Plaintiff paid defendant, but went further and spelled out Christian Discovery. This was a violation of judicial process and the first misjudgment.

Christian Discovery... Papal Bulls... Old Testament... Royal Kingdom charters... all adopted Christian religious categories. They all violate the separation of church and state. And this is the second misjudgment.

The judge who wrote the decision in Johnson v. M'intosh had a conflict of interest in the case which is the third misjudgment. Chief Justice Marshall had family interests in land speculation that were directly implicated by the court's ruling. Marshall claimed over 200,000 acres in Kentucky and some in Virginia. What about the Indians' titles?

And the final unlawfulness and the fourth misjudgment is ruling in Johnson v. M'intosh determined the property rights of people, native peoples and nations, the Piankeshaw, who were not even parties to the case.

This is racial discrimination and the case is invalid. The writing here is from the most bilingually fluent English-Lakota competency.

Wolakota Wootape means following the way or Following the Lakota Way of Peace. It is from wootape that the ideal of WOOPE or law is abstracted, very useful for today's multicolored, litigious world. Lakota society has woope or law in different senses: tradition, custom, common, natural, spiritual, scientific and international. Lakota Woope or Law would add to the Constitution of The United States at Amendment V after the last part which reads, "nor shall private property be taken for private use, without just compensation." Here add the Lakota Woope language which would read, "nor shall public property be taken for private use, without just compensation." This is full-bodied, principled Lakota law. And without this Lakota addition to the United States Constitution, American jurisprudence would remain imbalanced, alienated, biased to the rule of law.

To make wolakota is a continuing process of peacemaking that calls forth the best in everything Lakota, especially its spiritual sense. Wolakota Woope are the United States-Lakota International Treaties of Peace of 1851 and 1868. Wolakota is achieved through ceremonies with the Wapaha, Wahacanka and the Canupa with wacekiyapi in fluent Lakota, always invoking Wakantanka Tunkasila, Iyotan Wakan. Fluent Lakota translations into English of the above are: Wapaha = Tunkasila Tawapaha, Grandfather's Staff; Wahacanka = Shield; Cannupa = Sacred Pipe; Wacekiyapi = prayers to Tunkasila, The One Creator. Thus, Wolakota Woope are supreme laws of nations, in the Treaties between the United States and the Lakota, and they belong also in International Law. The Lakota Nation has been involved in international relations easily longer than 10 thousand years.

But to return to the federal judiciary - I am not advocating this but just to show differences of opinion amongst even their own - a Professor at the Yale Law School, Mr. Fred Rodell, proposed to make the practice of law a crime and to replace courts by commissions of experts in technology in final decisions.

This brings closer to the lawyers and judges the awareness that the practice of law (U.S. Federal) is not perfect whether one is a pragmatist, economist, liberal or conservative. And that outstanding errors in judgment should be corrected in good Lakota standard time.

Wicahpi Wanjila - Leroy C. Curley
02/16/2010