
CERF
/ CERA
- P.O. Box 0379; Gresham, WI 54128
Last
updated: January 24, 2010
Welcome to the Citizens Equal Rights
Foundation web site.
CERF is a sister organization to Citizens Equal Rights
Alliance (CERA)
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Congress soon to
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Exciting Speech! |
"GOING
TO PIECES"
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Our American Ideals:
Our Motto: "
e pluribus unum" (out of many, one)
Our Pledge: "...one nation under God, indivisible, with liberty
and justice for all."
There is not a liberal
America and a conservative America - there is the United States of America.
There is not a black America and a white America and Latino America and Asian
America - there's the United States of America.
Barack Obama
"We must scrupulously guard the civil rights and civil
liberties of all our citizens, whatever their background. We must remember that
any oppression, any injustice, any hatred, is a wedge designed to attack our
civilization."
--Franklin Delano
Roosevelt's greeting to the American Committee for the Protection of the
Foreign-born, January 9, 1940
"History affords us many instances of the ruin of states, by the prosecution of measures ill suited to the temper and genius of their people. The ordaining of laws in favor of one part of the nation, to the prejudice and oppression of another, is certainly the most erroneous and mistaken policy. An equal dispensation of protection, rights, privileges, and advantages, is what every part is entitled to, and ought to enjoy... These measures never fail to create great and violent jealousies and animosities between the people favored and the people oppressed; whence a total separation of affections, interests, political obligations, and all manner of connections, by which the whole state is weakened." --Benjamin Franklin, Emblematical Representations
"In the first place we should insist that if the immigrant who comes here in good faith becomes an American and assimilates himself to us, he shall be treated on an exact equality with everyone else, for it is an outrage to discriminate against any such man because of creed, or birthplace, or origin. But this is predicated upon the man's becoming in very fact an American, and nothing but an American...There can be no divided allegiance here. Any man who says he is an American, but something else also, isn't an American at all. We have room for but one flag, the American flag, and this excludes the red flag, which symbolizes all wars against liberty and civilization, just as much as it excludes any foreign flag of a nation to which we are hostile...We have room for but one language here, and that is the English language...and we have room for but one sole loyalty and that is a loyalty to the American people." -- Theodore Roosevelt, 1907
“In
its main features the Declaration of Independence is a spiritual document. It is
a declaration not of material but spiritual conceptions. Equality, liberty,
popular sovereignty, the rights of man—these are not elements which we can see
and touch. They are ideals. They have their source and their roots in religious
convictions. They belong to the unseen world. Unless the faith of the American
people in these religious convictions is to endure, the principles of our
Declaration will perish. We cannot continue to enjoy the result if we neglect
and abandon the cause. If all men are created equal, that is final. If they are
endowed with inalienable rights, that is final. If governments derive their just
power from the consent of the governed, that is final. No advance, no progress
can be made beyond these propositions. If anyone wishes to deny their truth and
their soundness, the only direction in which he can proceed historically is not
forward, but backward toward the time when there was no equality, no rights of
the individual, no rule of the people. Those who wish to proceed in that
direction cannot lay claim to progress.” —Calvin Coolidge
"Distinctions by race are so evil, so
arbitrary and invidious that a state bound to defend the equal protection of the
laws must not invoke them in any public sphere" - (the NAACP's brief,
written by Thurgood Marshall, in the 1954 Brown v. Board of Education
desegregation case).
"The accumulation of all powers,
legislative, executive, and judiciary, in the same hands, whether of one, a few,
or many, and whether hereditary, self-appointed, or elective, may justly be
pronounced the very definition of tyranny." -- James Madison
American Ideals Violated
"This holding is consistent with other
judicial decisions finding the Constitution inapplicable to Indian tribes,
Indian courts and Indians on the reservation."
--
Tom v. Sutton; 533
F.2d 1101, 1102-03 (9th Cir.1976).
See Also: Santa
Clara Pueblo v. Martinez, 436 U.S. 49 (1978) and
Why
Indians are Second Class Citizens by
Darrel Smith
In no other area of constitutional law does there exist a doctrine recognizing the preservation of cultural autonomy as a justification for limiting individual civil rights."
Kenneth W. Johnson, “Sovereignty, Citizenship and the Indian,” 15 Arizona Law Review, n. 36, 980
(1973)
Reservation Realities:
"The greatest injustice the federal government has imposed on Indian
people during the 20th century is to
make us citizens, but deny us most of the basic rights of citizenship. . .
.
"Democracy is not simply the existence of free and fair elections,
which I would argue often do not exist in tribal elections. Democracy is also
defined by limiting the power of the government by such things as the rule of
law, separation of powers, checks on the power of each branch of government,
equality under the law, impartial courts, due process, and protection of the
basic liberties of speech, assembly, press, and property. These do not
exist on Indian reservations. . . .
"James Madison, a founding father and
signer of the U.S. Constitution, said that government with no separation of
powers and no checks and balances is the very definition of tyranny. That is
what we have on America's Indian reservations. . . .
"Let it be
said right now that sovereign immunity has nothing to do with Indian culture or
tradition. It is a concept that developed in the Roman empire and was used by
European monarchs to protect them from challenge or criticism. Tribal sovereign
immunity has essentially told a generation of tribal leaders that once they are
in office they are above the law and can do whatever they please. The only
culture that tribal sovereign immunity is protecting is a culture of corruption,
denial of rights, and unaccountability.
"In closing, I would
like to quote a great American, the late Dr. Martin Luther King. He said,
'Injustice anywhere is a threat to justice everywhere."
-- Oral testimony of William J. Lawrence, J.D.;
publisher of the Native American Press/Ojibwe News, former BIA official, and
member of the Red Lake Band of Chippewa Indians; given to the U. S. Senate
Committee on Indian Affairs in Seattle, Washington on April 7, 1998. Read his
complete testimony and that of others in the "Real Stories" section of our web
site.
A Solution - The Fourteenth Amendment:
"All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of the United
States and of the State wherein they reside. No State shall make or enforce any
law which shall abridge the privileges or immunities of citizens of the United
States; nor shall any State deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its jurisdiction the
equal protection of the laws."
The Constitution of the United States of America - Amendment XIV,
Section 1 (1868)
The Supreme Court's Comments on the Fourteenth Amendment:
"This Court has
consistently held that Congress may not authorize the States to violate the
Fourteenth Amendment. Moreover, the protection afforded to a citizen by that
Amendment's Citizenship Clause limits the powers of the National Government as
well as the States. Congress' Article I powers to legislate are limited not only
by the scope of the Framers' affirmative delegation, but also by the principle
that the powers may not be exercised in a way that violates other specific
provisions of the Constitution."
Saenz
v. Roe; 000 U.S. 98-97 (1999)
“[d]istinctions between citizens solely because
of their ancestry are by their very nature odious,”… “[A] free people
whose institutions are founded upon the doctrine of equality, …, should
tolerate no retreat from the principle that government may treat people
differently because of their race only for the most compelling reasons.
Accordingly, we hold today that all racial classifications, imposed by whatever
federal, state, or local governmental actor, must be…analyzed by a reviewing
court under strict scrutiny. In other words, such classifications are
constitutional only if they are narrowly tailored measures that further
compelling governmental interests”….“Racial classifications are simply too
pernicious to permit any but the most exact connection between justification and
classification”…“the Constitution imposes upon federal, state, and
local governmental actors the same obligation to respect the personal right to
equal protection of the laws.”
Adarand
Constuctors, Inc. v. Pena 000 U.S. U10252 (1995)
The fourteenth amendment to the
constitution is not confined to the protection of citizens. It says: 'Nor shall
any state deprive any person of life, liberty, or property without due process
of law; nor deny to any person within its jurisdiction the equal protection of
the laws.' These provisions are universal in their application, to all persons
within the territorial jurisdiction, without regard to any differences of race,
of color, or of nationality; and the equal protection of the laws is a pledge of
the protection of equal laws....that 'all
persons within the jurisdiction of the United States shall have the same right,
in every state and territory,...Sovereignty itself is, of course, not subject to
law, for it is the author and source of law; but in our system, while sovereign
powers are delegated to the agencies of government, sovereignty itself remains
with the people, by whom and for whom all government exists and acts.
Yick
Wo v. Hopkins, 118 U.S. 356 (1886)
Chief Joseph's Request:
"If the white man wants to live in peace with the Indian he can live in
peace. There need be no trouble. Treat all men alike. Give them the same law.
Give them all an even chance to live and grow. . . . all people should have
equal rights. . . . I have asked some of the great white chiefs where they
get their authority. . . . They can not tell me.
"I only ask of the
government to be treated as all other men are treated. . . .We ask that the same
law shall work alike on all men. . . .with one sky above us and one country
around us, and one government for all. . . .that all people may
be one people."
--Chief Joseph of the
Nez Perce in a speech on January 14, 1879 to President Rutherford B. Haynes and a
large gathering of cabinet members, congressmen, diplomats generals and
others.
Other Comments:
"With respect to the questions of who has jurisdiction over whom, I firmly believe, and have so stated that Congress, and not the states or the tribes, must assume responsibility for creating these jurisdictional problems. Congress has had more than an entire century to resolve Indian jurisdictional issues and has not done so. Congress has been assisted by the plodding,
inconsistent, and largely impotent attempts of various courts, mostly federal, to fill the void left by Congress, and the result has been that they have left both tribal members and non-members in a state of constant uncertainty and acrimony. It is a
preposterous situation that strains the fabric of our mutual existence sometimes to the near breaking point. At best, it is a product of benign neglect. At worst, it is an unacceptable denial of responsibility."
-- Montana Governor Marc
Racicot, Speech given September 4, 1997
"Our Constitution is color-blind and neither knows nor tolerates classes among citizens."
Supreme Court Justice John Harlan, in his lone dissent in Plessy v.
Ferguson
"The ability of nonmembers to know where tribal jurisdiction begins and ends, it should be stressed, is a matter of real, practical consequence . . . . " Nevada v. Hicks, 533 U.S. 353, 383 (2001) (Souter, J. concurring).
"Since the civil war, until now, there has
been no locality in this country with a first class of citizens and a second
class, the members of which are obliged to pay taxes to support a government
which, by law, serves and represents only citizens of the first class."
-- Eric Richter, Esq., Seattle, WA - Legal Counsel for
Citizens Standup! Committee
CERA leaders' passing mourned
Native
American Civil Rights Lawyer/Writer Deceased
Jim
Mitchell, CERA co-founder, dead at 73
Roland Morris Sr., Defender of Individual Rights, Succumbs to Cancer
Tribal member speaks about life on a reservation
Short video part 1 by Scott Kayla Morrison
Short video part 2 by Scott Kayla Morrison
Recommended reading:
Why
Indians are Second Class Citizens
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since 4/21/2000