CERF / CERA - P.O. Box 0379; Gresham, WI 54128

Last updated: May 06, 2009

Welcome to the Citizens Equal Rights Foundation web site.
   
CERF is a sister organization to Citizens Equal Rights Alliance (CERA)

 

Congress soon to legalize a race-based government?
 Don't think it could happen?

click here to see

Exciting Speech!
Civil Rights Expert Challenges CERA at conference - see video!

"GOING TO PIECES"
"A Must Read!"

Exposing the underbelly of federal Indian policy

a revealing
new book by our Chair, Elaine Willman

Breaking Legal News
CERA Sues the State of Montana for Voter Fraud
Read Press Release
Read Complaint

Read Poll Worker Affidavit 

Read "Elephants, Donkeys and Hippos"

 

 

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

“You cannot become thorough Americans if you think of yourselves in groups.  America does not consist of groups. A man who thinks of himself as belonging to a particular national group in America has not yet become an American.” -- Woodrow Wilson; speech, May 10, 1915 Philadelphia , Pennsylvania

"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.

Chief Joseph Prints

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 
by Darrel Smith
One People. One Law. by Lana Marcussen
The Great Chiefs Fought for Independence  by Lisa Morris
The Tragedy of Tribal Sovereignty by Darrel Smith
Where's the Government's Authority for Federal Indian Policy? by Darrel Smith
Where's the Government's Authority? .   .  . Revisited by Darrel Smith
S. 1691 Testimony by William J. Lawrence
Sovereignty Testimony by Scott Kayla Morrison
Why are tribes still litigating? The Indian Claims Commission by Randall Thompson
Responding to Negative Labeling and Slander   
Sovereignty and Civil Rights  by Julie Shortridge
Reclaiming Accountability In Tribal Governments by Sean Page
Accountability and it's Effect on the Law by Lana Marcussen
American Indian, Citizens or Slaves? by Lana Marcussen
Indian Reservations: A Reversal of America's Ideals - Part I of a Series by Darrel Smith
Indian Reservations: America's Model of Destruction, by Darrel Smith

FAIR USE NOTICE: This site contains copyrighted material, the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of the  political, human rights, economic, democratic, scientific, and social justice issues, as pertains to federal Indian policy.  We believe this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving this information for research and educational purposes. Articles provided here without permission from the copyright owner are provided for the purposes of criticism, comment, scholarship and research under the "fair use" provisions of the Federal copyright laws. This material may not be distributed further without permission of the copyright owner, except for "fair use". 


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