Thursday, May 9, 2019
Flicker's Drumbeat: Flicker's Drumbeat: The Longest Walk references to...
Flicker's Drumbeat: Flicker's Drumbeat: The Longest Walk references to...: Flicker's Drumbeat: The Longest Walk references to Indian Law stories ... : From Michael Lane's Facebook page May Blessings! A ...
Wednesday, May 8, 2019
Flicker's Drumbeat: The Longest Walk references to Indian Law stories ...
Flicker's Drumbeat: The Longest Walk references to Indian Law stories ...: From Michael Lane's Facebook page May Blessings! A great reminder is our Mother Earth when May comes to be, of Her beauty and po...
The Longest Walk references to Indian Law stories and 4, 5, 6, topics
Photo From Michael Lane's Facebook page
May Blessings! A great reminder is our Mother Earth when May comes to be, of Her beauty and power of Spirit. What would we do if we were unable to behold this season's reflection of the miracle and beauty of life? I can only speak for myself, that I would be continually caught up in all the chores needed to deal with life instead of reflecting on why we are here in the first place in support of life. Our ancestors taught us to remember to live a good life, Hinaak towis hennak. Living a good life is to hold to the highest of orders our relationships to all peoples. Peoples are mineral, vegetable, animal and human beings. We people are all equal and must be treated so. Treating one as a real person is holding one in respect.
I believe our journey with Michael Lane and the Longest Walk Walkers https://www.facebook.com/longestwalkwsc/ is a reflection on bringing into our humanity the consciousness of respect towards right relations to all people.
When I was able to contact Michael, he was working diligently to finish his doctoral thesis. He was very engrossed, and I interrupted him during his final days attempting its completion. I am very grateful for his willingness despite his tight schedule. He had few days left to his educational efforts before joining the rest of the walkers in Kansas when we held Our Ancient Lands podcast https://anchor.fm/our-ancient-lands with him.
We kept the conversation brief on the walk's topics 4, 5, and 6.
- Our conversation began by addressing the number 5 topic with the United States vs. Kagama and Mahawaha case that took place in 1886 Yurok Indian country California. Per Sydney L. Harring's article on the history of the case (Goldberg (149), It is the most cited case for the proposition that Congress has "plenary power" over Native American communities, yet unclear of the scope of the power or if Congress holds such power today. Plenary power within legal terminology translates "absolute or uncontested". Law scholar Nell Jessup argues that the Kagama ruling was based on a the United States v. Rogers decision in 1846, illustrating that courts are basing their decisions on ancient histories that no longer apply to contemporary Indian society. Such cases are typically taken to the Supreme Court and Congress does not have ruling power. However, as Michael interjected the Commerce Clause within the Constitution gave Congress plenary power regarding early commerce relations with the tribes that related to, "doing business with foreign nations." In the constitution, Native Tribes are referred to as Nations. However, the racial aspect of the number 5 topic of concern in Indian country is that the treatment of American Indians was strengthened by Judge Roger B. Taney, in the United States vs. Rogers, ignoring Treaties between the Cherokee Nation and the United States and stated that even though the Native Tribes were found on the continent at the time of discovery, (I am paraphrasing here) the European powers were able to parcel out and keep Native Americans subject to their dominion and controlled. Thus, they have remained, and hence the rationale of Congress. Therefore any jurisdicition ruled since, in reality has been false and illegal. Congressional Plenary power is applied to immigration law, foreign relations and military law. The Acts that Michael referred to in the podcast, Termination and Dawes Act, etc. were outcomes of this Congressional plenary rationale. Such acts worked at stripping sovereignty (identity and homelands) away from American Indian comminities and it has been a long legal road to regain what has been illegally ruled by Congress. Number 5 topic is considered a racial and unjust action taken against Indigenous People of our lands, and the Walkers are committed to contest and repeal the acts through their Walking Prayer.
- In topic number 4, Michael clarified the disconnect between Indigenous peoples and the efforts of the Walkers towards an environmental Covenant. The Walkers are taking the environmental concerns to Indigenous communities along the walk route to begin to establish minimal standards regarding any developement on or in watersheds and traditional territories surrounding respective Nations. We must take responsbiity upon ourselves to work together and become educated to commit and agree on being stewards of our lands and to support each others lands on Mother Earth. There is no difference with our peoples within our homelands as there is with the rest of society within North America. The average person is kept from hearing and learning about the relevant and important issues that only a select few have the privy of learning about that affect our families and wellbeing. We must come together with responsibility to utilize our relationships and work together to have the knowledge and strength to advocate what is Hinaak Towis Hennak, Living a Good life for us all.
By the time of this posting, Michael will be in St. Louis. Please check the Longest Walk facebook to get further information as there has been some flooding join them.
- Topic 6. Michael again stressed that the corporations and governmental agencies dumping grounds within Indigenous lands is a racial act of environmental aggression. The Walkers cite the nuclear "accidents" within Churchrock uranium mill tailings on the Navajo Nation in 1979. After 38 years the area still has not been adaquately cleaned up and the peoples are exposed to contamination. It takes millions of funds to clean such disastors and with the administration we are living through there are concerns that there will be cuts because the peoples suffering are indigenous people. The Walkers are concerned for all Indigenous peoples and lands on the planet who are suffering from this act of environmental aggression and disrespect. They walk in prayer to create policies to prevent contamination happening and to address the neglect that exists.
Thank you for visiting my blog and taking the time to read and hopefully listen to our brief podcast on the Walkers subjects but also the concerns for all of us that care about our wellness on our homelands of Mother Earth. LUTEA's www.lutea.org https://www.facebook.com/lutea.org/ efforts are to support those that are suffering through trauma and loss and undergoing grief and recovery. My heart is heavy knowing that the actions of disaster and assault continue to reign in our society and living through trauma and loss presently is our current mode of operation. Please join the prayers of the Walkers and support them and if you have the chance to participate in their walk, it may also change your life as well. Walking on the land also reconnects us to our Mother and listening to her helps us listen to our hearts and lives.
Support Indigenous Sovereignty! Support our blog, podcast, the Longest Walk, etc.
Continue to learn more.
Thank you! Ka Molis!
“The Distorted History That Gave Rise to the ‘So-Called’ Plenary Power Doctrine: The Story of United States v. Kagama.” Indian Law Stories, by Sidney L. Harring et al., Foundation Press/Thomson Reuters, 2011, pp. 149–188.
The Longest Walk https://www.facebook.com/longestwalkwsc/
Michael Lane facebook page https://www.facebook.com/michael.lane.9655
Our Ancient Lands Podcast https://anchor.fm/our-ancient-lands
LUTEA Facebook https://www.facebook.com/lutea.org/
LUTEA website www.lutea.org
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