By Darrel Smith
Senator Inouye accused the entire Supreme Court of racism during official hearings of the Senate Indian Affairs Committee on Feb. 27, 2002. He said, "Notwithstanding the provisions of the U.S. Constitution proscribing discrimination on the basis of race, the Court seems to be consistently imposing limitations on the exercise of tribal government jurisdiction based upon the race and ethnicity of those over whom jurisdiction is exercised." Later in the proceedings he said he had, "the feeling, and this is a very ugly feeling, that, right or wrong, these decisions of the Supreme Court have been rendered because Indians are considered inferior people."
Senator Inouye's charges are amazing. First, the primary decisions that Senator Inouye was objecting to-the Hicks and Atkinson decisions- were both unanimous. Thus, he is accusing the entire Supreme Court of racism. Secondly, his statements are in sharp contrast with the exaggerated deference that different branches of our government normally demonstrate towards each other.
Senator Inouye's charges are also interesting because he unintentionally agreed with CERF/CERA by insisting that the only difference between tribal members and nonmembers was "race and ethnicity." He castigated the Supreme Court for "consistently imposing limitations on the exercise of tribal government jurisdiction based upon the race and ethnicity of those over whom jurisdiction is exercised." The federal government normally maintains that tribal governments are political not racial entities. We argue that while they are political entities, they are political entities that are based wholly on race and ancestry, and as such, they are racist. Senator Inouye's argument that the distinction between tribal members and non-tribal members is really only one of "race and ethnicity" actually supports CERF and CERA's position. Thank you Senator
Inouye.
Perhaps it's time to forcefully enter this debate about racism. Racism has been defined as "prejudice or discrimination based on race." If we had a "federal White policy," a "Bureau of White Affairs," "White country" and "White governments" ruling over "White reservations," would people suspect us of racism? Maybe, different branches of the government calling each other racist will help us to realize that we are, in fact, dealing with racism. Then, hopefully, we will demand an end to this destructive, unconstitutional racism.
(The transcript of the entire Senate hearing can be read by going to the section "Beware the Hicks Fix" at the bottom of the Main Menu on our web site at www.citizensalliance.org)