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View Diary: Dam Indians: The Missouri River (48 comments)

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  •  wrong (3+ / 0-)
    Recommended by:
    gogol, TiaRachel, Ojibwa

    treaties can't be over ridden by laws no matter how recent or ancient. Ask any competent lawyer if you don't believe me. You're totally wrong in your thinking. In todays world when my people have trained Constitutional attorneys we would have been able to stop those dams but back them our legal affairs were handled by our trustee (the BIA) who sold us out for political expediency.

    I can see you have no idea what you're talking about but I expect your misunderstanding of law and history are common place so thanks for allowing me to set you straight and educate some others at the same time. Ignorance does have its usefullness at times.

    •  Umm... (0+ / 0-)

      Yes, they can.  Treaties have the same status as any other Federal laws.  They can be modified or repealed by subsequent statute.

      http://en.wikipedia.org/...

      This has been established for more than 100 years.

    •  Let me also say (1+ / 0-)
      Recommended by:
      Ojibwa

      I understand that the fact that Congress can modify or repeal treaties unilaterally is somewhat counter-intuitive and violates our understanding of fair play, but that does nothing to change the fact that is the law.

      See Lone Wolf v. Hitchcock, 187 U.S. 553 (1903) for an application to Native American Treaties specifically.

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