A breath!

[MichaelHarris]

Old Guy, Back in School Volume II. The Love Doctor

Just finished writing 8 pages covering Cherokee Nation v Georgia and Worcester v Georgia for my Indian Law class. It was rough since I haven't written anything except DU stuff in 20 years. I had "its" and "it's" all messed up, I dreamed spell check. I'm blinded from reading law cases that are so dry I had to dunk them in milk to read. For an old guy safe sex is going back to school, I'm not sure I could even find my wife right now let alone figure out what to do when I found her. I would have to Google for directions, diagrams are welcome.

A funny thing happened last week at school, I became the love doctor. Two young people in my class told me about their recent broken heart, tales of lost love, the tears and beers that followed. Thinking back, remembering my heartaches I remembered a thought. I told them A broken heart is like having a window in your chest, the curtains are open and everyone can see your pain. They felt comforted by that in a way, especially when I told them with that line they could score any chick in the place. Old age and knowledge, teach the young ones because you can no longer score the chicks.

OK, back to my breath. I was able to take a short drive along the river today, the roads are passable and the steelhead are running. I didn't get to fish because of the paper due, the quiz next week, and the Constitutional Law test. I did get to take a camera:


Fences


Drift


Death by Snowplow

Michael Harris

[elleng]

1. How IS Indian Law?

I've not studied it.

[MichaelHarris]

2. John Wayne

wasn't in any of my books, I was very disappointed.


Actually it's very interesting because it involves not only law but very old treaties. It really depends on how the Supreme Court interprets the "Doctrine of Discovery." The court tends to lean towards a John Marshall approaching defining the tribes and as being under the control of the discovering nations. That's what brings in the old treaties. Some other examples describe the tribes as simple inhabitants of the land, not capable of owning it.

[elleng]

3. Sounds interesting.

Would you/could you cite a case or 2?

THANKS!

[MichaelHarris]

4. The first big one

is Georgia v Tassels which involved Cherokee sovereignty. George Tassels murdered another man on tribal land. The state of Georgia, moving towards a policy of Indian removal passed a law saying that All criminal acts in the state of Georgia fell under their jurisdiction. This violated treaties with early discoverers and the United States. The Supreme Court agreed with the Cherokee, saying the Georgia law was unconstitutional. By this time George Tassels had already been hung. The state had refused to follow the Supreme Courts ruling.

[elleng]

6. Thanks.

So these are State cases?

http://www.ugapress.uga.edu/0820322121.html

Do you have official State citation, and U.S. Supreme Court?

[MichaelHarris]

8. I don't have that book

but it is without a doubt one of the best one on the cases. The other is Jill Norgren's The Cherokee Cases.

[MichaelHarris]

9. like this

http://www.oyez.org/cases/1792-1850/1832/1832_0/

or

http://supreme.justia.com/us/31/515/case.html

[elleng]

11. Not quite!

Are you in Law Scool?

[MichaelHarris]

15. no

just taking Constitutional Law and Native America Sovereign Law at WSU. Nude figure drawing was full.

[elleng]

19. GOTCHA!

hahahahaha!!!!!

[MichaelHarris]

5. Right after that

came Cherokee Nation v Georgia. The state of Georgia passed a number of laws that in essence made Cherokee law null and void. Georgia along with Andrew Jackson was hell-bent on Indian removal. This case was an "original jurisdiction" case. The Cherokee lost. The Marshall court deciding that since the Cherokee Nation wasn't a state they didn't get a voice in the Supreme Court. The injunction was denied.

[MichaelHarris]

7. The last one

overturned them all really but it didn't help the tribes. Worcester v Georgia. The court ruled the Cherokee nation did indeed have a voice before the court based on the Commerce Clause, Sec 8. John Marshall didn't go far enough though, removal still happened. The "Trail of Tears" couldn't be stopped.

[elleng]

12. This is the 'official' citation:

Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832)

[MichaelHarris]

14. Doh!

I knew that was a citation, I had a brain fart.

[elleng]

13. But how?

The decisions says:

"The forcible seizure and abduction of the plaintiff, who was residing in the nation with its permission, and by authority of the President of the United States, is also a violation of the acts which authorize the chief magistrate to exercise this authority. . . .

Judgement reversed"

http://www.civics-online.org/library/formatted/texts/worcester.html

[MichaelHarris]

16. I think

its the writ of mandamus, an order to a lower court to release Worcester. And/Or overtuning the lower courts decision. Georgia refused.

[elleng]

17. The Court also said:

"The act of the State of Georgia under which the plaintiff in error was prosecuted is consequently void, and the judgement a nullity. . . . The Acts of Georgia are repugnant to the Constitution, laws, and treaties of the United States.

They interfere forcibly with the relations established between the United States and the Cherokee Nation, the regulation of which according to the settled principles of our Constitution, are committed exclusively to the government of the Union.

They are in direct hostility with treaties, repeated in a succession of years, which mark out the boundary that separates the Cherokee country from Georgia; guarantee to them all the land within their boundary; solemnly pledge the faith of the United States to restrain their citizens from trespassing on it; and recognize the pre-existing power of the nation to govern itself.

They are in equal hostility with the acts of Congress for regulating this intercourse, and giving effect to the treaties."

[elleng]

18. So, Georgia said,

YOU (Mr. Chief Justice) enforce it yourself????

[MichaelHarris]

20. With Andrew

(Cherokee Hater) Jackson as president it wasn't going to be enforced. He wanted Indian removal also.

[grannie4peace]

10. i envy you- i remember when i went back to school. they were some of

my best memories! and native american issues are important to me. enjoy every second! they have been so ripped off ,i think that would be hard to deal with. still, i think they have good days ahead as our culture grows and changes.awesome pictures!

[geiger]

21. alive