The Eight Unanswered Questions
of Federal Indian Policy

submitted by William Whiteley
          

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1. What part of the Constitution allows authority for Congress to reach into a community and extract a piece of land from State jurisdiction, without State approval, and place it into Federal jurisdiction, with different laws and regulations?

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2. If the answer question 1 is the War Powers Act then with whom are we at war?

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3. What part of the Constitution allows Congress to abrogate State sovereignty?

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4. What part of the Constitution allows Congress to delegate powers to the Administrative Branch that Congress does not possess?

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5. If Congress allows the Administration to treat Indian Reservations as States (TAS ) how does this not violate Article IV of the Constitution?

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6. Since Congress can no longer make treaties with Indian tribes then what part of the Constitution allows the recognition of new tribes, the creation of new reservations, and the power to bestow benefits that were not available through treaties?

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7. Since Indian people all became citizens at some point between 1885 and 1924, what part of the Constitution allows the creation of superior rights and privileges for some?

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8. If the people find it necessary to file suit against their Government for unconstitutional acts, and prevail in court, then shouldn’t the Government be required to pay all reasonable costs incurred in the process?