Freedmen vs Cherokee Nation

Hastings Indian Hospital Operations As the Cherokee Nation continues to move forward with the negotiations to assume operations at the Hastings Indian Health Service facility, I wanted to offer a perspective from the Claremore Indian Hospital service area. Rogers County Cherokees only have Indian Health Service (IHS) for clinic, hospital, inpatient contract health and outpatient contract health. Cherokee Nation only provides Behavioral Health services and Public Health Nursing Services in Rogers County. Rogers County Cherokees do not have the luxury of picking and choosing between Cherokee Nation and Indian Health Service as their public health provider. Every day, Rogers County Indians are faced with shortages of funds, providers and services created by the lack of flexibility inherent to Federal Indian Health Service guidelines. IHS facilities have incredible staff unable to shine under the umbrella of Federal bureaucracy. Cherokee Nation Health Services has constantly performed bett...

Published: Wednesday, June 25, 2008 Minority children more likely to be removed from homes by state By Jerry CornfieldHerald Writer http://www.heraldnet.com/article/20080625/NEWS01/421084961/1005/BIZ OLYMPIA – American Indian and black children are more likely than white children to be removed from their homes and placed in the state’s child welfare system, according to a report released today by the Department of Social and Health Services. Hispanic children also landed more frequently in state-run care than white children, states the report. The Washington State Institute for Public Policy compiled the data after tracking 58,005 children referred to Child Protective Services from 2004 to 2007. “The report confirms what our social workers and our community partners are experiencing,” Robin Arnold-Williams, secretary of the Department of Social and Health Services said in a prepared statement. To read the full report, go to http://www.dshs.wa.gov/ca/pubs/disproportion.asp

Tribe denies 50 members profits from casino San Pasqual band says some lack Indian blood By Onell R. Soto UNION-TRIBUNE STAFF WRITER June 28, 2008 http://www.signonsandiego.com/news/metro/20080628-9999-1n28pasqual.html A long-simmering dispute within a North County Indian band boiled over yesterday when the tribe withheld casino profit checks from about 50 people, claiming that one of their ancestors was adopted and that as a result, they're not really Indians. The San Pasqual Band of Mission Indians, which operates the recently expanded Valley View Casino, also fired several people from tribal jobs and leadership positions after questioning their membership and said it would evict them from homes on tribal land. “Old issues that have been sleeping in the background for 15 years have resurfaced,” tribal Chairman Allen Lawson said earlier this week. Some of those who face exclusion from the 300-member tribe say greed is the reason they were targeted. Each tribal member gets a monthl...

(well, let's see if they can make it any harder for Native Americans to vote...*5 1/2 miles sw of Steamboat* is better than a P.O. Box?) P.O. boxes problematic for rural voters Native Americans foiled by lack of street address Jun. 26, 2008 12:00 AM The Arizona Republic http://www.azcentral.com/news/articles/2008/06/26/20080626poboxes0626.html When is your address not your address? In the area of election law, it's when you use a post-office box number. Three Native American legislative candidates are the subject of challenges to the signatures they gathered to qualify for the Sept. 2 primary-election ballot. Among the issues being cited for tossing their nominating petitions is the fact that some of the signers used P.O. box numbers instead of an actual street address. That interpretation of the law creates a barrier for rural voters, especially Native Americans who live on reservations, supporters of the three candidates said at a news conference Wednesday. "The conseque...

February 20, 2008 12:02 PM PST http://news.cnet.com/8301-13578_3-9875342-38.html Supreme Court strikes down law targeting online cigarette sales Posted by Declan McCullagh The U.S. Supreme Court has struck down a Maine law that slapped severe restrictions on sales of cigarettes via mail order and the Internet. In their opinion (PDF) on Wednesday, the justices said a 1994 federal law trumped the Maine statute restricting sales and shipments of tobacco. The 1994 federal law in question says that no state may enact a law "related to a price, route, or service of any motor carrier...with respect to the transportation of property." That seems pretty clear: cigarettes are property, and the Maine regulations targeted motor carriers transporting them. But Maine says that "public health" concerns--namely, preventing kids from ordering smokes online--justified its rules. One part of Maine's regulations said that only Maine-licensed retailers may ship tobacco to state resi...

MINORITY VIEWS Thomas Jefferson once said that `The natural progress of things is for liberty to yield and government to gain ground.' While the intended purpose of this bill, to prevent minors from accessing certain tobacco products, is certainly something we can all agree upon, I fear that H.R. 5912 is another step in the natural progress to which Mr. Jefferson once referred. States have criminal laws in place to prevent minors from purchasing tobacco products and as a strong believer in this cause, I am a proud cosponsor of Congresswoman Blackburn's bill, H.R. 5513, the `Stop Adolescent Smoking Without Excessive Bureaucracy Act of 2008.' However, unlike her bill H.R. 5912 takes a questionable approach towards addressing the problem that could have unintended consequences. First, since the USPS would have to open packages to verify its contents, H.R. 5912 presents constitutional concerns involving the Fourth Amendment's protection against unreasonable search and seizu...

(And this bill is another try in the long standing dispute between NY and the Seneca Tribe Smoke Shops in NY among others - Yo Newt! See these are isolationist tactics, not a free market- Yo Congress - get a grip you really think you're going to stomp this out - think back to the 1920s prohibition on Booze - and we still have booze; ah, I see, it's the tax you want, not the health care issue - ah, it's the money again - if they collect the tax, you'll let them use the USPS - amazing - you can't close the borders but you can close down the Native Americans business ventures - tobacco has been around and was actually used for *money* in the late 1600s and early 1700s - it's still here and probably will be for another 1000 years - now companies are firing folks if they smoke, then forcing their spouses to quit smoking even though the spouse didn't work for the company - think this is getting a bit out of hand? Anyone? Anyone? Remember the Boston Tea party - whe...

For the full article: http://www.heartland.org/Article.cfm?artId=23399 Propaganda Trumps Science The 1992 EPA report is an example of the use of epidemiology to promote belief in an epidemic instead of to investigate one. It has damaged the credibility of EPA and has tainted the fields of epidemiology and public health. In addition, influential anti-tobacco activists, including prominent academics, have unethically attacked the research of eminent scientists in order to further their ideological and political agendas. The abuse of scientific integrity and the generation of faulty "scientific" outcomes (through the use of pseudoscience) have led to the deception of the American public on a grand scale and to draconian government overregulation and the squandering of public money. Millions of dollars have been spent promoting belief in SHS as a killer, and more millions of dollars have been spent by businesses in order to comply with thousands of highly restrictive bans, while ...

(This is an old story and I'm not sure where it came from...apparently Oklahoma is working along these lines with a long standing dispute with the Cherokee Nation. Something seriously wrong with this scene. Health care costs are going up along with everything else, check out the gas prices, and will continue to go up whether folks smoke or not - you need to regulate the Health Care COSTS - they're going to keep going up until you regulate the health care industry - and we were all told it was those nasty trial lawyers that were raising the costs of health care - now it's the smokers that are doing it - just another example of Congress sticking their head in the sand and blaming someone else for their short falls.) Critics say the new “cigarette surveillance program” amounts to the use of “police state” tactics and wrongfully interferes with interstate commerce. ... Starting today, state Department of Revenue agents will begin stopping Tennessee motorists spotted buying larg...

Elio F. Gagliano, MD Article Published: 18/07/2008 A study on lung cancer sure to disappoint anti-smoking crusaders comes from the May 26 issue of Archives of Internal Medicine, where we find a study by Ping Yang, MD, a Professor of Epidemiology at the Mayo Clinic, in Rochester, Minnesota, entitled "Alpha1-Antitrypsin Deficiency Carriers, Tobacco Smoke, Chronic Obstructive Pulmonary Disease, and Lung Cancer Risk". Dr. Yang and his colleagues analyzed the impact of alpha 1-antitrypsin deficiency (AATD) on the incidence of pulmonary carcinoma and found what I call an arrow-shot against the anti-smokers. That is: AATD is a risk factor for the development of lung cancer independentl of smoking status. Such a finding contradicts the anti-tobacco activists who claim and propagandize that lung cancer is caused by cigarette smoke, and nothing but. Alpha 1-antitrypsin is a protective protein produced by the liver. Its function is to protect the lungs from the neutrophil elastase enz...

This case could very well indicate how a Freedmen Case would fair in the Supreme Court, although the 1866 Treaty and subsequent Congressional modifications are not addressed in this case: SUPREME COURT OF THE UNITED STATES PLAINS COMMERCE BANK v. LONG FAMILY LAND & CATTLE CO., INC., et al. certiorari to the united states court of appeals for the eighth circuit No. 07–411. Argued April 14, 2008—Decided June 25, 2008 (relevant portions of the case to this discussion are included here, for the full opinion: http://www.law.cornell.edu/supct/html/07-411.ZO.html ) This case has a clear discussion of Tribal Jurisdiction. The lower court opinion was reversed by the Supreme Court. "The “fighting issue” in the tribal trial court, the Eighth Circuit underscored, “was whether the bank denied the Longs favorable terms on a deal solely on the basis of their race or tribal affiliation.” 491 F. 3d, at 891. The Longs maintained that the Bank initially offered them more favorable terms, proposi...

Chief speaks on issues 06/23/2008 Tahlequah Daily Press Editor, Daily Press: Thank you for allowing me to respond to some issues with the Cherokee Nation that have recently been of concern to letter writers who have made assertions based on error or lack of facts. First, the name of Sequoyah Schools has changed only once in the past nine years since I have been principal chief, and that was to drop the word “High” from Sequoyah High School because we offer grades that are not high school. My dad and son graduated from Sequoyah. My daughter attends there now. I have made Sequoyah Schools a heartfelt priority and it has transitioned from a school of last resort to a school of choice for more than 400 students a year. Sequoyah students are excelling in every aspect of school life, from academics to sports. Our talented girls' basketball team powered their way to three consecutive state championships. Our students earned more than $2.2 million in scholarships this year, including eight...

I've not seen any discussions regarding the costs for an alternative energy/transportation source of a horse or horse and buggy... No discussions as to whether or not the cities in CA are willing to add horse trails along side the bike lanes for in city travel with a horse and/or horse and buggy? No discussions as to whether or not the cities of CA would be willing to grant permits for the keeping of such in a backyard big enough to house a horse for transportation purposes? No discussions as to whether or not Congress is willing to subsidise those who wish to use this energy alternative, tax credits or US, State or Municipal reimbursement of costs associated with this energy alternative? This would also cut down on the costs of lawn mowing and fertilizer for the yard. Boy, would that be nice....

The following article can be located at: http://www.indiancountry.com/content.cfm?id=1096417563 IHS considers stopping funds for tribes requesting patient copays Posted: June 20, 2008 by: Rob Capriccioso In each of IHS' 12 area offices, agency officials have been busily explaining to tribal officials that treaty rights calling for federal trust responsibility are upended when copays are required of tribal members. Tribal officials have also been told that tribes that require copays could end up seeing a large number of their clients choose to go to other IHS clinics that don't require copays, and thus risk losing already-limited funds. But one of the most important issues at hand, according to Demaray, is the fact that Congress could view widespread tribal copay collection as a big reason to further limit the agency's budget. ''We see this as kind of a slippery slope,'' Demaray said. Some Congress members, he noted, would like to see Indians paying for all o...

Building on Nixon's 'new' Indian policy Posted: June 20, 2008 by: Editors Report Indian Country Today http://www.indiancountry.com/content.cfm?id=1096417552 A mystery of modern Indian policy is why President Richard Nixon introduced self-determination policy. Until Nixon's Indian policy, termination and assimilation ruled in Indian affairs. One might argue that federal Indian policy has not lived up to his vision. During the 1950s and '60s, Indian activists lobbied hard against termination policies and for a new direction in Indian affairs. NCAI and Indian leaders were ultimately successful in organizing congressional opposition to termination policy. But they were less able to influence the Democratic and more liberal Kennedy and Johnson administrations in the 1960s. Neither John F. Kennedy nor Lyndon B. Johnson were willing to make treaty relations the basis of Indian affairs, and neither were willing to reject termination policy. (emphasis added) Termination poli...

Published June 20, 2008 09:37 am - Freedmen a tribal issue http://www.tahlequahdailypress.com/letters/local_story_172093739.html Editor, Daily Press: My take on the Freedmen issue is this: First, the Cherokee Nation has a sovereign right to determine its citizens, just like the United States, France, China, or anywhere you go. Am I against the Freedmen citizenship? No, I’m not. But I am for tribal sovereignty. The Cherokee Nation has treaties and trade agreements with France and Great Britain, dating back to the 1700s. If those two foreign nations can recognize the Cherokee people as a separate, individual nation, then why can’t our own federal government do the same? Why does our federal government think it has a just responsibility to put its nose in something that doesn’t regard it? The U.S. has bigger fish to fry – like trying to find ways to lower gasoline prices, dealing with the situations in Iraq and Afghanistan, and taking care of the many bigger problems here at home in the s...

Published June 20, 2008 09:44 am Tribe's actions risky http://www.tahlequahdailypress.com/letters/local_story_172094436.html Editor, Daily Press: The Cherokee people in Oklahoma know that Chief Smith and his administration called for and pushed the Freedmen legislation through our tribe. (it was put to a vote, for heavens sakes, we didn't *have to vote* one way or the other - but the vote was democratic - so again he's blaming the Chief - this is just so ridicules) Smith, along with his paid “Team Cherokee” slate, carried petitions and organized rallies against the Freedmen, throughout the 14 counties. What did not happen was an informed presentation of both sides of the issues and any discussion of consequences was ignored. (Say, what? - What part of *they are not Cherokee* doesn't Sean understand?) Sovereignty is based on retained rights. By signing the Treaty of 1866, we treated away the right to exclude the Freedmen. (What is it that folks can't get about *Cong...

Calif. tribe, sheriff battle over sovereignty Blood has been shed over who will enforce law on reservation By David Kelly June 15, 2008 SAN JACINTO, Calif. - After leading the Soboba Band of Luiseno Indians for nearly three decades, Robert Salgado is facing one of his greatest challenges - to set aside years of suspicion and to trust the Riverside County Sheriff's Department. It hasn't been easy. For the past three weeks, the two sides have met behind closed doors to prevent the kind of violence that led to the deaths of three tribal members in shootouts with deputies in May. Salgado says the path for the sheriff's department is clear. for the rest of the story: http://www.baltimoresun.com/news/nation/bal-te.tribe15jun15,0,927903.story?page=1

Court strikes down portion of child welfare law By Nick Hytrek Journal staff writer http://www.siouxcityjournal.com/articles/2008/06/14/news/local/489d083ad4c84ddb862574680014474d.txt The Iowa Supreme Court on Friday ruled a portion of the state's Indian Child Welfare Act unconstitutional, saying that it violated parents' substantive due process. The court said that the state's law infringed upon a Sioux City mother's parental rights to choose her child's adoptive parents. The ruling leaves the bulk of the Iowa ICWA in place, addressing only a section that the court said placed too high a burden on parents wishing to deviate from the law's child placement preferences. "While providing additional rights to the tribe is the prerogative of the state, those rights may not come at the expense of the parent's or child's rights," the court wrote in its 20-page ruling. The court returned the case to Woodbury County and directed the district court to co...

Native Americans form affinity group at SBC By Norman Jameson BR Editor Baptist Press http://www.biblicalrecorder.org/content/news/2008/06_13_2008/ne13062008native.shtml Representatives from about 15 of the largest tribes in the nation created the Fellowship of Native American Christians (FONAC) during a meeting June 9 preceding the Southern Baptist Convention in Indianapolis. Native American leaders initiated FONAC at a 2007 meeting in San Antonio when they decided to create a group to increase networking, fellowship, leadership and ministry opportunities. They adopted a constitution June 9 and elected Emerson Falls of the Oklahoma Creek Nation as president. He is pastor of Glorieta Baptist Church in Oklahoma City. Other officers include Donnie Coulter, vice president, who works with First Nation's people in Canada; Lumbee Timmy Chavis, treasurer; pastor of Bear Swamp Baptist Church in Lumberton; Bruce Plummer of the Assinboine Nation and a missionary and pastor in Montana, secre...

(BIA must be on Indian Time - Dorgan and Congress run on wall time - cultural difference there.) Washington in brief Posted: June 13, 2008 by: Jerry Reynolds Indian Country Today http://www.indiancountry.com/content.cfm?id=1096417536 Dorgan demands a hurry-up from Interior on N.D. oil, gas approvals Sen. Byron Dorgan, D-N.D., issued a Senate Committee on Indian Affairs report June 6 excoriating the BIA as a constant obstacle to energy development on tribal lands in North Dakota, along with a letter to Interior Secretary Dirk Kempthorne demanding immediate action to surmount the problems. Interior has responded, and efforts are going forward to schedule a meeting between Kempthorne, the North Dakota senator and North Dakota tribal leaders, according to a Dorgan spokesman. On June 11, 1996, Arizona Sen. John McCain, the current Republican entry in the November presidential elections, addressed the BIA's managerial follies over the trust funds as then-chairman of the SCIA: ''T...

Rich-Heape Films Releases New Documentary “Our Spirits Don’t Speak English: Indian Boarding School” Dallas — Street Date June 10, 2008 —Native American owned Rich-Heape Films announces the release of “Our Spirits Don’t Speak English: Indian Boarding School,” a documentary that examines an educational system that was designed to destroy Indian culture and tribal unity. When it began in 1879, the philosophy of the Indian boarding school system was “to kill the Indian and save the man,” the mission statement of Captain Richard Henry Pratt, founder and superintendent of Carlisle Indian Industrial School in Carlisle, Pennsylvania until 1904. Jim Thorpe (Sauk and Fox), the iconic hero survived the boarding school system. Grace Thorpe (Sauk and Fox), his daughter, in her last interview before she passed away on April 4, 2008, discusses boarding school experiences in the new documentary. The battle against and the victory over the boarding school monster is told by educators, former and curren...