Winehole23
11-21-2018, 10:35 AM
The US Congress forgot to terminate three million acres of Creek Nation reservation land. A Supreme Court precedent makes it clear that until the US Congress does so, the three million acres remain "indian country."
The State of Oklahoma argues that contemptuous treatment of the Creek by the state and federal governments during and after allotment and statehood show the will of the US Congress and moot the treaty obligation to openly nullify the reservation.
The problem with this argument is that two years ago, in a case called Nebraska v. Parker, the high court unanimously reaffirmed the Solem rule, and held that Congress and only Congress has the power to diminish or abolish a reservation—and “its intent to do so must be clear.”https://www.theatlantic.com/ideas/archive/2018/11/murphy-case-supreme-court-rules-muscogee-land/576238/
The State of Oklahoma argues that contemptuous treatment of the Creek by the state and federal governments during and after allotment and statehood show the will of the US Congress and moot the treaty obligation to openly nullify the reservation.
The problem with this argument is that two years ago, in a case called Nebraska v. Parker, the high court unanimously reaffirmed the Solem rule, and held that Congress and only Congress has the power to diminish or abolish a reservation—and “its intent to do so must be clear.”https://www.theatlantic.com/ideas/archive/2018/11/murphy-case-supreme-court-rules-muscogee-land/576238/