Did We Give Away Half of Oklahoma? | LegalEagle’s Law Review
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- Опубликовано: 22 май 2024
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The Supreme Court says that roughly half of Oklahoma is part of a Creek reservation. Did we just lose half a state? Switch to Ting Mobile to call your friends in Oklahoma and get a $25 service credit! legaleagle.ting.com
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Is DC becoming a state???
Swap with a UK lawyer or one from another country and try to understand each other's law.
Do an international Real Law Review! The Switzerland Attorney General just opened an investigation against FIFA President Gianni Infantino for his roles in bribery and rigging both the 2018 and 2022 FIFA World Cup Bid Process. As well as his election as FIFA President (I think in 2016).
Can you cover a president using an executive order to ban a company?
Could you talk about the North Carolina Supreme court case Common Cause v. Lewis?
"Oklahomans are not going to be forced to abandon their homes and walk 1000 miles in search of a new home".
Damn son.
That did happen to the Cherokee, after they won their supreme court case to stay on their original lands.
@ Scott Nicholson; 😂😂😂🤣🤣
@@carrieullrich5059 It didn't just happen to the Cherokee's, it also happened to the Creeks, Choctaws and Seminoles (the ones that they could catch anyway, most of them went and hid in Florida and became the only Nation to defeat the US Army, but I digress). And it went on for five years! There wasn't just one Trail of Tears, there were many.
Yeah because of the longstanding and well-recognized Constitutional precedent known as "White privilege".
Wow. Can't believe he said that.
Objection! The legal ownership of Oklahoma would not influence where the wind comes sweeping down or the smell of the wavin' wheat.
Oh, hey there.
Give the ownership to the right company, and you´ll be proven wrong quickly XD
You make a valid argument.
This made me legit laugh out loud! This comment wins the internet!
@SLCPunked Our state legislature passed a non-binding resolution acknowledging the science that the earthquakes were caused by fracking on the exact same day they passed legislation stopping individual cities from banning fracking. Gotta love Oklahoma.
"If we say that _this_ existing treaty is a treaty, then we might have to say that _these_ _other_ existing treaties are treaties!"
Which they should totally do. Hundreds of tribes were screwed over by broken treaties. It’s time to honor those treaties. But it’s probably going to take some big names to persuade peole
'But we can't face the consequences of our own actions!'
Ok. Then be sovereign nations. Everyone who who isn't a member be paid the fair price of their homes/property and move out then, you are on your own. No more federal/state money. No free medical, etc. Truly beyour own nation.
@@frederickwarren4158So that is not necessary if those in indian country pay taxes to the nation in which they reside and maintain law and order within those rules.
It’s a new Treaty. The Karma Treaty.
I’m Mvskoke (Muscogee creek) and US/Oklahoma unethically took our reservation from us back during allotment. The Supreme Court didn’t give it away, they just finally acknowledged that we are the rightful owners lol. My whole tribe was so happy to finally got our reservation back when we heard the news of the ruling. It was like the ONLY good thing to come out of 2020. You covered this really racially charged topic very respectfully, and I really appreciate that. The history background was appreciated as well, because honestly I’ve actually met people who didn’t even know that us natives still exist, they legit believe that the US had wiped us out. Education on indigenous history and indigenous peoples is pretty poor, it’s sad.
It really is sad, what's even more sad is that in some places where Indigenous people are doing well by running casinos and what not, not only do these people invest back into their local community but the surrounding communities expect then to invest, like they are owned it or something. The local tribe in my area provided roads, jobs and hell they even helps with the forest fire (Admittedly it was only because it was near their casino in the first place). The only thing they asked in return was that we educate them in our school that THEY funded, and what did my town/community have to show for it? Nothing, not I single damn thing. Even the school that they have invested millions in is not even that good.
I have every respect to those indigenous tribes that are doing well, and I hold out hope those tribes that are neglected will one day finds happiness in there land again.
(Edited for spelling mistakes)
Yeah it really irks me that a congressperson said the court “gave away” the territory - if they HAD the territory to give, where did they get it? Is he really mad that somebody gave back something that was stolen from its owners? Sickens me how little respect for our treaties and our laws that tweet had.
@Camo Moose grown ass adults can make grown ass adult decisions
❤️❤️❤️much love to your preservation
No the indians here lost all the wars so piss off
Was their argument really:
We broke the Treaty so many times, the Treaty must no longer exist...?
Yeah. It is de facto vs de jure argument. I mean, technically, by law, the government in Taipei is the true government of all of China, but in reality Taipei rules Taiwan.
@@boosterh1113 the last part isn't true
the Taipei government lost the civil war in China and the new government had declared independence
@@boosterh1113 thats not true, taipei just never accepted chinas independence but china has no legal obligation to taipei
that is a one sided story you are telling, the chinese will say exactly the opposite
@@boosterh1113 its like saying that china is by law the true government of tibet, well, by chinese law, of course, but not by what most tibetans will tell you (and i assume not by tibetan law as well)
,1,2,2,2,2,2,2,2,2,2,2,2,2,2,1,1,,,,2,2,2,and,,and, 2,1,1
I'm almost incredulous that one of their arguments was that other tribes might exercise their rights under treaties as if it was a bad thing.
Unfortunately, the United State hates admitting that people that aren't white have rights.
There are arguments to be made over tribal independence implied by the word "country".
Well reservations don't have representation, this is the same as revoking their representation, which is a nullification of their votes
Nothing about those who want everything for themselves surprises me anymore.
@@tompatterson1548
Exactly. I read as separate sovereign, like Canada. But with other texts about Indian affairs, they should at least have sovereignty of Micronesia (shared defence, but independence).
My ancestors were forced out of Oklahoma and relocated to the swamps of Louisiana. I'm happy to see that after nearly 190 years, we won back our home land. My ancestors would be proud. :') Love you fellow Chickasaws/Choctaws! :)
Objection! A party does not “grant” a treaty. A party ~enters into~ a treaty and takes on obligations under that treaty.
this difference in language is revealing of the fact that the usa has never treated treaties with the american tribes like real treaties.
In theory, this is correct.
In this case, the natives had to take the "treaty" that was given to them, if they liked it or not.
@@Yora21 It should be recognized that they accepted under duress. The agreement was "You do as we say and we won't wipe you out."
@@WCM1945 It was "do as we say and we won't wipe you out... yet"
Just another twig on the pile of "proof that there is no god" in my opinion.
@@Yora21 Some of the biggest treaties are those that ended wars. So I don't think a treaty being signed under duress is exceptional.
Well, this felt like a refreshing change, SCOTUS actually honouring a treaty with an indigenous people when they just as easily could have decided not to. Of course people couldn't just let that stand.
what's refreshing about screwing up stuff and causing trouble? That's all these people do.
@@TnT_F0X You can't just give somebody something in a treaty and then take it away again because you know they can't fight back.
This all happened because a guy diddled a child😐. Also practically all of the US was promised to Natives so this will lead to a load of problems.
If I remember my history lessons correctly, the SCOTUS honored the treaty with the indigenous people back before the trail of tears as well, and then President Jackson said something like "Well, you've made your ruling, now where's your army to enforce it?" and forced the natives off the land and towards Oklahoma anyway.
@@Abegrizzly What brought the case up doesn't diminish the value of the judgment though. And if this causes further issues, then I guess Congress needs to figure out what to do about these treaties, and face the consequences of those actions. This isn't something courts should decide on, they've done their part and determined the treaty is still valid, everything beyond that is up to Congress.
Can we just take a moment to appreciate the fact that School House Rock legit described the 3 branches of government as being a circus. Why can we not have quality programming like that anymore?
If our leaders actually watched something like that they might have the slightest clue of what they're doing...
The closest thing we had since was the educational and musical segments of Animaniacs
English being my second language I thought I had misheard that. So, apparently they really said circus.
Because the TV networks learned that dumbing down their audience is more profitable than having them be smart and ask informed questions.
We don't have that kind of programming because the FCC deregulated the airwaves, I believe it was under President Reagan. Networks were required to have educational content on Saturday mornings so we got Schoolhouse Rock among other things.
14:15 Translation: But if you make us keep this promise then we'll have to keep ALL our promises! How can you expect us to do that?
TLDR
Before: registered members of the tribes of eastern Oklahoma have to be tried in federal court for serious crimes unless they commit them in Tulsa.
Now. Registered members of the tribes of eastern Oklahoma have to be tried in federal court for serious crimes even if they DO commit them in Tulsa.
TLDR
if you do a bad you get in trouble
@@bloop1470 ... just with someone *else* now, LOL Xp
TLDR
dont be a bad man
@@red2theelectricboogaloo961 none are good by the standards of God
@@h2w25 well good thing i dont even believe god exists
2:29 As an Oklahoman, I can confirm that it doesn't get more Oklahoma than "Jimcy McGirt."
As a fellow Oklahoman, I argue that “Dirt McGirt” is a more Oklahoma name
"Thomas cannot even agree with the majority of the minority in its entirety"
You must have had a lot of fun writing that particular line.
I'm still trying to work out what that means.
It means justice Thomas is a bit... um... weird
@@YTEdy Thomas disagrees with both the majority decision and the minority decision. He has overlap with the minority decision, but doesn't agree with it all. Because he didn't agree with it all, he wrote a separate dissenting opinion.
@@YTEdy I guess it means that his reason for disagreeing didn't agree with the disagreers who could agree with each other.
What were Thomas' disagreements?
Conservatives and Republicans should love this ruling. This is exactly why they chose Justice Gorsuch, to uphold the US Constitution, which includes contracts.
But you see, upholding teh constitution only matters when it benefits them!
Nice attempt at reverse psychology. I haven't seen a single Republican bitch about the decision.
@@extremosaur "Nice attempt at reverse psychology."
Really? You think Thomas did a good job at it? I think it was more of a "mocking" that reverse psychology.
@@bsabruzzo I was addressing you. But you already knew that. I see coy mind games are a staple for you.
@@extremosaur " was addressing you. "
But you said in your first post "I haven't seen a single Republican bitch about the decision." and neither have I, so why did you think this was some sort of "attempt at reverse psychology" when it was an affirmation and approval of the ruling.
To me (and I could be wrong here) it sounds like you've seen people say things they don't mean and now assume most people act like that. That would be a shame that you are so jaded.
I said exactly what I meant and, if anything, it could be thought to be directed at the people who are so far to the "political left" they assume all conservatives are racists (you know, like how they tend to claim the current President -- at the time of posting -- is). It sounds more like you agree with me, but are having trouble with it.
Broke: the supreme court gave away have of Oklahoma
Woke: the US government FOR ONCE honored one of their treaties and commitments there in.
For once ? Dw they will have plenty of time to break another
No, facts are too liberal.
*woke af* the govt. is gonna take the land back in a couple years
The tribes in Wisconsin are Fighting or were fighting over mining near rivers, stream and lakes. Hunting, fishing and tourism are a large part of some areas "up north" ecconomics.
@John R *half
They're = They are
Their = property.
Examples: they're sad because their land was taken away.
I've lived in Oklahoma for 30 some odd years and just recently moved to Missouri. They can have Oklahoma because they will probably run it better than the senators that laugh at teachers for asking for a raise.
so it didn't go far enough?
Lol. True that! Many Native American tribes have historically treated LGBT+ people and the environment with more respect than the US ever has. As a non-Native American Oklahoman, I'm surprised, but I believe it's the right thing to do and am curious how this will translate to the rights of other historically oppressed groups in the future.
I think that's just how most state based education is when they get money from private schools. Still prefer public though personally.
Drink Dawn Even a 1/10 is better than a 0/10 at the end of the day
went to high school in Tulsa, went to TU , moved back after the Army made me come back ... yeah this state is run like a mess, but the Tulsa Mayor is doing a real good job ,... but no one here is talking about this at all .
I love how part of the dissent argument was basically "This will open up lawsuits from other natives who've had land stolen and treaties shit on." Ok, good?
Well, given that that's about 2/3rds of America, it's hard to pretend that it's a SMALL thing. Ideas have consequences.
@@SeraphsWitness Well, if it puts the Dakota Access Pipeline mess to bed that much sooner, it's not a bad thing in my book.
@@jazzycat8917 Not really. It's more like, "trying to right this wrong will result in far more negative than positive, and sets a dangerous precedent going forward".
This action is not really helpful to natives, and it just heightens racial tensions. As well as just being ignorant of history.
@@SeraphsWitness More negative to whom? The beneficiaries of broken laws? Or the victims of the broken laws?
If I stole all the money out of your bank account and split it up between 10 people (including myself), using your logic, we would all get to keep the money because it would cause more negative than positive and you would just have to accept it.
@@norezenable No, because land is not like money. Land is exchanged between nations through trade, treaty, conquest, or de facto circumstances. And all those who were involved in the Trail of Tears, for better or worse, are now dead (on both sides). This is why the Reparations argument is equally insane.
Again, literally every plot of land on planet earth is conquered land. The precedent attempting to be set here is ridiculous.
I was expecting a lot of racist comments. I was pleasantly surprised to see none. You guys rock.
There was a comment thread referring to somebody posting a dog whistle, so perhaps some part is the comments are being really well moderated
Quiet racism is still racism...
Benghali In Platforms you seem triggered about anti racism to an alarming degree.
Benghali In Platforms ah nice, you just outed yourself as a fascist. Thanks for letting me know your opinion is worthless.
Benghali In Platforms stay triggered, fascist.
Policy Argument = "C'mon, Man."
That's hilariously true!
On old maps...the entire area of Oklahoma was listed as "Indian Territory." Looks like the old maps weren't lying.
@Matt B Hahaha, I say that everytime.
@Matt B There is a difference between "Indians" and those from India. Look it up and learn some history. Oh, I forgot. You probably want it "abolished".
@@lescobrandon8443 Woosh
@@lescobrandon8443 you do realise that was a joke right?
@@lescobrandon8443 what from his statement makes u think hes a democrat?
As a Native, who owns allotted land, I understand your fear of the unknown, the fear of "is my land safe?", and "what will this cost me?" Just remember these questions have been asked before. By Natives. Working together will help everyone's fears. I hope good things will come of it.
Most settler-descended Usonians are, on false pretenses, rationally worried that whatever treaty they sign with colonized nations having the upper hand in terms of bargaining power will be thoughtlessly tossed aside, because that's what the US and UK have so often done to Indigenous nations in North America, to the point that a SCOTUS ruling like this has stirred up controversy despite the intuitive conclusion it reaches based on existing law.
The Hobbesian realist worldview which has motivated the ruthless and underhanded behavior of settler nations and European empires since Columbus and the conquistadors, that which takes as dogma that nations secure their own peoples' safety and prosperity only by acting and bargaining in bad faith, distrusting more powerful nations while unleashing hell against or backstabbing weaker ones, means that the settler descendant's greatest fear is an exact reversal of the subjugation their ancestors subjected the colonized to, should their government lose the upper hand in the "war of all against all".
Nothing short of revolutionary re-education, featuring elements of "decolonization" as some Third-Worldists might phrase it in this context, will suffice to dismantle literal centuries of this sort of paranoid conditioning and anxious projection, baked into the Usonian culture from its foundation, fully-formed from at least a century of European realpolitik before the US even formed to break away from the British Empire. Otherwise, any sort of cooperation between American Indians with rightful claim to the land and the settlers living there will happen either incidentally, entail bad faith forms of bargaining and diplomacy with elements of sabotage and espionage, or be the end result of some sort of bloody conflict where one party eventually unilaterally and capriciously dictates terms to the the other, as before.
Now that the shoe's on the other foot they know the anxiety and the fear
@@discountchocolate4577 But the settlers actually have sometimes negotiated with the natives in good faith, and had it work out. Like when the settlers at Plymouth traded their military might to the Wompanok tribe for food. Plus, Settler descended countries negotiate with other countries in good faith all the time. So I don't think that "we only achieve prosperity by acting in bad faith." is one that they actually live by. That attitude doesn't really make sense from a game theory perspective. Reputation is a thing. So a society that only negotiates in bad faith will soon find itself without any negotiating partners. So negotiating in bad faith is not going to be the dominant strategy in a world where the players can talk to each other and discover the history of other players, in other words, the world that we live in.
Native American here aswell😄!! Well not 100% because of Colonization. In other words I’m “Hispanic” Native American and white. Love the culture and people. 💪🏽
Thankfully, things are a bit different with State and Tribal governments working things out in mutually beneficial agreements.
Love learning the full quote: "trail of tears, and death."
w5winston I wish people would start referring to it by the full title, with a verbal emphasis on ‘death’. Short version sounds like terrible thing due to hit the loss off homeland, and glosses over the high death toll.
The 5 Tribes Death March. When you put it that way, oof, we don't look so good.
Well, you do know Jackson, father of the Democratic Party, wanted to annihilate the Native peoples. So Trail of Tears and Death should remind us of that every time we say it.
Yes, mortality rate was higher than for the Bataan Death March. Consider also that where the Bataan March was of soldiers-combatants-the Trail of Death was families. I am descended from a father and son; all that household survived - unless you count the baby girl who died shortly after the family’s arrival in Indian Territory. I favor Trail of Death: After all we don’t refer poetically to Nazi “Tear” camps to downplay Nazi guilt.
@@christianwhite629 It is a bad thing for a country when the truth is so politically inconvenient. Unfortunately that has never *not* been the case in the US.
Did "We" give away half of Oklahoma is an interesting question that might imply that Native Americans aren't Americans. Scary stuff.
Native Americans are Americans and US citizens. This just confirmed jurisdiction as being under the Fed instead of the States.
*aren't Oklahomans. They are definitely citizens under the federal US government.
Christian Bai well that’s a horrible way of looking at it.
@Christian Bai think about it like if someone said they would give you free food, and then the food they give you is low quality with no nutrition like a twinky. Then they force you onto bad land for farming so even if you wanted to it's hard and expensive to grow good food so then you end up eating that twinky. Now imagine that is every asset of your life including culture, religion, and industry. So now you just want to live on your own but you have no industry, minimal agriculture, terrible schooling, and poor healthcare all because the people giving you "free stuff" purposely crippled your ability to be sovereign. We have basically treated them like POWs for 200+ years depending on the tribe.
@Christian Bai That's like, not at all how it works. Full US law applies, although jurisdiction gets weird.
correct me if I'm wrong but the argument against sounds like "we've been doing everything we can to not uphold our end of the treaties so why should we start now?"
How about the fact that American citizens have already settled there and have paying tax dollars for over 100 years. Do the government then owe every citizen in that swath of territory their tax dollars back then?
@@alphacraig4784, yes, thank you hold giving the exact kind of argument being pointed out.
@@alphacraig4784 My people have been here for millennia but the US stole our land. Why not complain in our favor?
@@alphacraig4784 Were you even paying attention a little bit? This only applies to Indians and at best it would require the government paying the Indian reservation for all of the taxes they took from Indians that they shouldn't have. And I highly doubt there will be any reparations demanded instead focusing on making sure the treaty is follower in the future. So Indians on the reservation pay taxes to the reservation and not the Oklahoma government.
@@quidohmi9286 Because every single country on earth has been formed by conquering the land it sits on. The United States conquered and developed the land in question. What happened long ago is Null. A ruling shouldn't displace half of a state of US citizens. Edit: Also it has been in US hands most recently and I'm a proud American so yeah I think it should remain as American land.
It’s still so funny that when some politicians were like “America lost today we lost half of Oklahoma”
Like... lost to... native Americans? Like they acted like it was some tragic loss and others were like “haha lit”
Welcome to America, 2020.
we conquered Oklahoma fair and square how dare you use our own laws and government against us!
As he said in the video an act of Congress out right could end it but due to the political nature of it politians like to half ass it and hope the courts will finish there work
Hey Teddy, nice dogwhistling dude.
@Steve the Pirate "ive been to court, its bot nice. Ver very not nice to be there. If court is already bad, very very bad, imagine supreme court"
I don’t know if you’ve already listened to the “This Land” podcast, but I highly recommend it. It’s about this & the Murphy case.
School House Rock...its "like a circus"? Yeah, I think at this point we can certainly agree on that!
Not only that, but showed the legislature arriving in a clown car!
Justice Roberts: "If we do the right thing this time, we might have to do the right thing next time!"
O dear! If they had to do that, there would be no end to the positive direction this country would go! There would be rampant cooperation! There would be cultures flourishing together!
Such a disaster! 😉
Honest question. Is it definitely the right thing to do to give up authority in large parts of a country because the ancestors of a minority of the people who live there now lived there? If so does this apply to Israel, meaning the Palestinians wouldn't have authority there because Jewish people used to live there 100s of years ago?
Daring Iconoclast In some cases, but there was a treaty between the US and the tribes which has been broken many times, this is just trying to fix it
@@daringiconoclast6547 complex question becauase the israelites lived there too. But then again the whole question of Isreal was also created by the United Nations, against the will of the Arabs, who also lived there. It's really not on the same scale of the european settlers moving into a territory and then progresssively forcing the locals onto smaller and smaller tracts of land, whether they wanted to or not. It's like trying to compare apples to bricks
@asaeampan okay but I was getting at a more general idea. I'll go into a hypothetical now. What if a piece of land had 200 people living on it. Then 400 people came over and conquered it. Then after 100s of years the descendants of the groups were 500 to 100,000. The 100,000 people alive at this time didn't conquer, they inherited, and are generally as good of people as the group of 500. And they are far more numerous than the group of 500. The two groups disagree wildly on how the land should be governed, and has been governed by the 100k up to this point. Would it be moral in this instance (not comparable to real life) to give the land to the 500 people?
I'm a member of the Choctaw Nation of Oklahoma and it's pretty interesting to hear this from your perspective. I've really only been hearing about this from the chief's office and the tribe's news. This is really exciting from our perspective.
Halito fellow Chahta! It's indeed a positive step for tribal sovereignty!
Seminole here, but if covid wasn't around this is something our tribes should get together for and celebrate.
Navajo Nation here. Interesting times indeed!
Well legally this never should have been an issue. Just the game of political banter at it's finest. Always gotta take advantage of it as they knew exactly what they were they were doing.
These types of decisions will have an impact on other tribes around the country as well at some point. It's nice to see the government actually following the contracts they agreed to with indigenous people.
I just started watching this video, and as a Native woman I want to thank you for saying NATIVE AMERICAN RESERVATIONS! I am that Native who corrects anybody who says Indian, and you just earned EVEN MORE of my respect!
I don’t usually make comments on videos, but this was so important to me. I’ll forever be subbed with the bell on!
Well whether to use Indian or Native American is really a pretty split issue for different native people so just remember your preference is not true of all native groups
@@thepolarcool1 they say Indian because it’s what’s they are used to. Just because you’ve been saying something for a long time, doesn’t mean it’s ok, or correct.
@@brittanykennedy6196 So who decides when speach is ok? That has always proven to be a dangerous game.
@@wynn4578 it’s not deciding, it’s taking it back. Europeans called us Indians. Before they arrived to what is NOW called America, we went by whatever our Tribes name was. Elders call still themselves Indians from years of colonization and mental/physical/sexual abuse from residential schooling.
The fact that people think that WE called ourselves Indians and our country America, shows how uneducated and ignorant ppl who live in North America are.
In school we were taught Indian is preferred, because American is a white word
I’m Canadian and this is fascinating to watch/listen to. The history is heartbreaking as a human, but it’s really cool to learn about this.
As a Chickasaw from the Pickens district, I've seen a lot of discussions between the 5 tribes and, so far, there won't be any real difference for non-tribal people living in native land. A lot of questions can be answered on each of the tribal websites for those who want to know.
Cool thanks for the tip
I think a lot of the white people are worried that they’ll be treated by the tribal governments like state governments have treated tribal citizens.
@@carschmn as a wypipo I can confirm that I had this thought. I cant say I wouldnt understand if thats what happened.
So we're not going to get a farcry style takeover by natives in toyota pickups with SMG's? No forcing the non natives into violence and servitude?
Well that's boring as hell.
White people are so inherently scared that they’ll be treated THE SAME as black and brown people they keep treating cruelly. Issue could be resolved by just not treating them like shit? Then you won’t have to worry about them treating you like shit, aye?
Isnt horrible that congress can just not go through with their promises by saying the people they prosmised just dont count
I'm pretty sure that is in the definition of Congress: A governing body that does not do the work they were hired to do for the people who hired them to do it.
The US has a very long history of not keeping their promises
Luckily Congress can't decide on shit right now.
At this point it would be surprising IF congress DID go through with a promise they made towards the native Americans. It literally would be a first, when they don't break their treaty. Only this time they at least would have waited until the ink was dry under the paper...
3:53 "the white settlers wanted to use this land for farming"
It bears mentioning that the Indians were already using that land for farming before being displaced.
The natives take it for m "morely nativer"
Does it? I believe it was implied (that’s why the land was desirable, because it was proven fertile ground).
Even if it wasn’t, I’m not sure if it’s relevant. What additional information does that provide?
And the segues to commercials are still the best and most seamless on YT. Great vid, LegalEagle!
Fun Fact: Oklahoma is actually derived from two Choctaw words (One of the five tribes in Oklahoma). Okla means people or a community of people, and Homma means red. It is easy to assume that the state Oklahoma means Red People, but many within Choctaw Nation suggest that it is referring to alternate definitons of the words Okla and Homma meaning Honored Nation or Brave People, since Homma can also be interpreted as an honorable addition to a person's name.
There’s a very bad joke about communism in there but I’m not clever enough to come up with it.
@@kaelibw34 Why did the GOP decide to make their color Red then?
"Land of the Red People" is the generally accepted interpretation of the name, given that.. that's what it was here. Okla being "XX person community" lines up with that.
Yea, but also no. It was picked by a Choctaw chief. Red People is the known and accepted translation. "Okla" + "humma".
Thanks for the clarification
“Justice will not be served until those who are unaffected are as outraged as those who are.”
― Benjamin Franklin
I like this quote because it’s a middle ground. No people being outraged on behalf of someone who doesn’t care, and no ignoring problems that don’t affect you
I don't think Benjamin Franklin said that, but I agree with the sentiment.
Not actually Ben Franklin at all. It's a paraphrase of a Plutarch quote.
"I never said that." --Benjamin Franklin
@@datorres67 are you a blood sucking psychic who scammed bereaved people making them beleive they can talk with the dead? Because I cant imagine any other reason how dead Franklin might have communicated this quote from his grave.
This video probably has the most amount of legal jargon and yet its the one that made me *feel* the most out of all of LegalEagle's videos, thank you for making this.
It sounds like a worst case scenario for criminals if they’re now going to be charged with federal crimes.
Not charged with federal crimes, just tried in the environment of federal court. In fact, it may be (debatably) better since Oklahoma is a death penalty state and while federal courts can also rule into the death penalty, it's rare. Now, the debate between life in prison and the death penalty and which is preferable is very subjective, but that's that on federal trials and the death penalty.
@@HelloIAmJo Also which is preferable, a federal penitentiary or a state pen?
It actually might be better than state courts
Maybe the criminals shouldn't commit crimes then lol
@@HelloIAmJo Ya it's not going to be better. Federal government gives out prison sentences that are 31 months longer on average and they make you do a lot more of that time by not offering good time. Plus it's a lot easier to get a pardon from a Governor than it is the President of the US. But ok keep telling yourself fables.
Astronaut 1: It's ... under Native American Jurisdiction?
Astronaut 2: Always has been.
We need to stop these memes, space is littered with dead astronauts
@@BiggsTheOwl ?
@@tyranosurasmax google "it's all ohio", with bonus points for searching in google images as well.
This isn't hyperbole, merely superbole.
Astronaut 3: It's ... under Federal Jurisdiction.
"It's unclear why pessimism should rule the day".
*Laughs in 2020*
As a native Tulsan (not Native American), I was just fascinated by this reservation thing. I'm more worried about Covid-19 and those bombs that keep dropping out of trumpy-dump's mouth.
I'm on team Give-Even-More-Land-Back-To-First-Nations-People
or you can just let them become U.S. citizens.
@@richardlooch2109 or we could disolve the US and give all land and power back
@@wizzerd229 i think you fail to understand that we would all be slaves. if a group of humans give there entire live to someone else the owner will abuse such power. i enjoy living in a house and farming EXP in video games. i do not think i would enjoy being a homeless slave mining rocks for the rest of my life. i say we let them become citizens of the U.S. they can the privileges of a U.S. citizen.
@@richardlooch2109 you clearly are racist against native Americans to think they'd to that to you, maybe ofc, you'd deserve it
They are not native neither. They migrated from Asia!
This is incredible. Thank you for the analysis.
Oklahoma: but look at all these cases where we overreached our jurisdiction! doesn't that prove that actually, it was our jurisdiction all along?
Supreme Court: no.
good to see indigenous rights being upheld for once
Yeah, this case was Gorsuch's bread and butter. Oklahoma tried to argue them breaking the law proved the law was on their side. Gorsuch won't have that.
400 years to late
"Oklahomans won't have to pack up and move a thousand miles to find a new home"
Me, born in Tulsa, who's whole father's side are card carrying members of the Cherokee nation: "boy, that would be a shame..."
I mean, picking up and moving to the other side of the country now is about 100% less likely to kill anyone so maybe y’all should start sending fliers with the original treaties to every ‘homesteader’ white person that got the chance to get there in wagons instead of on foot. Just a thought 😉
Also, such a great burn.
Same, I am CN citizen and watching all the non natives in the area panicking because they thought they were going to be forced from their homes, was amusing. They didn't think it was fair. lol
@@Bigpapitheking Don't worry, I'm sure they had the self-awareness and introspection to examine those feelings against the backdrop of how the tribes came to be there in the first place. It probably lead to a real broadening of their perspective and an appreciation of the ongoing challenges facing native peoples.
Sure white guy.
I've listened to A LOT of ad reads by RUclipsrs... but that West/East Oklahoma tie-in for Ting had me laughing my literal ass off for some reason. Made me realize: I love the wit and effort you put into ALL of your ad reads, and I enjoy them so much. It's not often that I am eager to hear how someone will plug a product, but yours is one of a handful of channels where it's done oh so well. On some of your duller or wronger videos they're actually my favorite part ;P (jk; we don't always see eye to eye, but I love your insight, regardless)
I hope your sponsors pay you well, sir, because you're actually treating their ads like fun little integrations into your content and not just an obligatory read of a product for money.
Cheers
7:07 One of THE HARDEST sections of Indian Law when I took it. Looking at that map is not for people prone to seizures it gives you so much whiplash.
Missed opportunity: could’ve used the “She’s got huuuuuuge....tracts of land” clip from Monty Python and the Holy Grail.
tracts
Came here looking for this.
ruclips.net/video/GPX-mW4l1rU/видео.html
"Wanted to use their land for farming" is a crazy euphemism for "steal their land, regardless of whether they died as a result."
You'll find a lot of those in American history as reported in most textbooks.
gotta build that wall some how.
Honestly, I don’t understand the outrage. War to conquer land wasn’t uncommon so why is it only bad against natives?
I don't think that it is a euphemism. It is the legitimate reason that the land was stolen.
@@declaniii6324 The US signed treaties with these tribes and then betrayed them, and did so in an unconstitutional way. Might makes right is a deeply problematic ethical perspective anyway which history has always frowned on, but in this case it is arguably the lesser point.
The actions of the State of Oklahoma and the white settlers in regards to the "indian teritory" were unconstitutional. Only an act of congress could have legally allowed the betrayal of a treaty signed by congress. Congress did not make an act and so this betrayal of the treaty happened while the threat was still in force. The supreme court in this case is simply upholding the constitution and laws of the United States.
I think a more accurate title would be: "Did We Give *Back* Half of Oklahoma?"
This was really interesting. Thanks for always having an interesting and decidedly non-hyperbolic take on what can otherwise be a very arcane field of study to us laypeople.
Thomas loves writing dissents so he can cite to those dissents in future cases. Guess it’s good to be a Supreme Court Justice. “I cite to myself! I am the law!”
I mean that sort of is how SCOTUS works though, but only if they are the majority or concurring opinions.
Wasn’t there a recent case where in a dissent to an opinion he wrote the justice sited Thomas having opposed the very thing that he wrote?
The dissenting opinion is the losing opinion. So it’s not law.
Some uninformed individual must have watered him.
You can’t actually do this. While dissents can be cited, it’s only to bolster one’s argument in the same way any person might cite a concurring opinion. Only majority rulings carry the force of law, and so only majority rulings may be cited as precedent, which is typically what people mean when they say “the court cited X opinion”.
Wait, its all Native American reservations?
always has been
I'm honestly disappointed that we're not relinquishing half of an entire state to Native Americans; talk about a group who could really use a "W" for once in modern history...
Some of the "reservations" have barbed wire around them
You wanna see oppression... Go to a reservation.
@Luigi Bros NO u
"Are you mad that you just watched 20 minutes of clickbait about a dry Supreme Court case that probably won't have much real-world effect?"
Whoa, dude, conceal your power level a little; you're blowing me away over here xD . No joke though, I laughed my ass off at that.
This is awesome. I’m Native from South Dakota and I’ve been bingeing your videos. I saw when this happened, but it’s nice to see a lawyer’s perspective.
Can you do the 1868 Ft. Laramie treaty at some point? The treaty that granted The Black Hills in 1868 to the Lakota people and then took everything right back 1877 when gold was discovered.
Thanks for all your hard work and comprehensible perspective, my dude!
If we gave away half of Oklahoma it would be only 4 letters long
Lmaoooo
Deep
♪ Olhm, wee h wn cms weig on h pan ♪
Like Ohio
So what would we call it? Okla? Homa? Laho? Or how about we give away every other letter and call it Kaoa?
To all those complaining that this could make practically all of the US legally part of reservations, that's not the Court's problem. As I understand it, their job isn't to argue about what the law *should* say, their job is to argue about what it *does* say, and in this case the law says that half of Oklahoma is an Indian Reservation.
If they didn't want to have to deal with a large part of their territory being reservations, they could have dealt with it differently 200 years ago, congress brought it on itself. They hoped shit wouldn't blow up on their faces but sometimes it just takes a long time. I guess it's easier to pretend there wasn't a genocide if you have a few treaties that look good but you don't actually respect.
@@meneldal Jackson doesn't work there anymore.
@@tompatterson1548 It's the government/congress as an entity, I know the guys who signed the treaty have been dead for a while.
@@meneldal fair enough
@@meneldal It's actually much simpler. The US Congress can unilaterally disestablish any Indian reservation. Oklahoma was arguing they already had, de facto. The Supreme Court said no.
Very informative. Had questions about this topic for a while. Thanks.
Recently got summoned for jury duty. Got me thinking about your channel again. Ever thought about doing a video on jury duty? I.e. What to expect, common misconceptions, maybe even why it's a part of the process in the first place. I know that not your usual style of content but it could be informative.
So the argument of Oklahoma is, "If we provide justice to the natives here, we will have to provide them justice everywhere!" Oh my, what a world that would be if we actually provided justice to the natives.
Ikr
Well, to be fair, we don't even provide justice to ourselves. It does seem a little anachronistic to provide justice to supposedly independent nations.
Also, a little condescending.
@@TheBrothergreen that's no excuse If I beat my neighbors wife I should be punished for it, even if I'm also beating my own wife with no repercussions
Thinking that would only make sense to someone without broader understanding of history. There is so much conquest and death in history that trying to rectify or obtain justice is foolish. There are winners and losers and the Indians are losers. The trail of tears sucked but is pretty low on the list of bad things that happened in history. A great book for some perspective of how much worse history gets is the great big book of terrible things by Mathew White. Seriously, fussing over this stuff is pretty much a lost cause.
I think it’s really worth mentioning, and a true “Mr. Smith Goes to Washington” tale about the individual, hometown, by himself lawyer that represented the tribe and him going to Washington and having to argue his client’s side before the Supreme Court of The United States of America against the team of slick, super high paid lawyers for the state of Oklahoma, and he won! What a champ! Underdog kickin ass! You really need to feature his story. Makes one proud and gives you hope the little guy can still succeed.
So is he getting a new trial in a Federal Court?
The whole story is told in the podcast This Land if you’re interested
That's a great movie I haven't watched in a very long time Be worth sitting through again. Nice profile pic Nobody messes with CNR The legend Charles Nelson Reilly.
Very happy that you used the Hugh Jackman Oklahoma clip! Loved his performance there :)
I've been waiting for you to make a video on this.
I live in Tulsa, Oklahoma and had a case dismissed on 7/22 because of the McGirt decision. The local prosecutors are dropping a ridiculous number of cases. It's quite incredible.
It can likely be refiled in federal court. It won't be a big deal after an adjustment period.
Alexandre Zani The federal government will need to hire a lot more prosecutors and FBI or other enforcement officers in those areas in order to do so I’m guessing.
@@evannibbe9375 If both the federal government and the state government allow it by law, state officials can enforce federal law. My understanding is that it is the case for many/most federal criminal statutes. So more likely than not, local and state police will keep doing roughly the same thing as before except they will refer cases to federal prosecutors. So you might need more of those. But probably not that many more.
It's stuff like this that has convinced me that law still can be a noble profession, and isn't solely populated by slimy avaricious lawyers and politicians.
It's only 4/9 slimy, avaricious politicians.
We'll see how much law is a noble profession after this administration is over.
Its great to see that some people still understand what their job is really about
Meesh Bono It was never state law there in the first place, though. It was federal law since the reservation was established. And unless you are a Native American in these territories, it doesn’t matter basically at all. The law is more or less the same for non-natives.
Can you imagine a world without lawyers?
I LOVE the reference to “Dirty Rotten Scoundrels” at 1:40-ish! GREAT MOVIE!!!
I come to the videos solely for those amazing transitions into ads. My god this man is flawless in his transitions!
There has never been a more accurate description of the federal government than School House Rock calling it a three-ring circus.
More like "prophetic", but yeah...
I can't decide if the School House Rock people just didn't think that through or if they had their tongues firmly planted in their cheeks.
Wow, this sounds perfectly reasonable. It's almost like the people freaking out about this are either ill informed or blowing this out of proportion to further their own agendas.
What??? Never!
-Ted Cruz
It would almost make more sense for the supreme court to just bounce the issue back to congress without ruling on it.
@@Leto2ndAtreides They can't kick it to congress without ruling on it. That's not how it works.
@@CharlieStamp They should've basically said that this isn't an issue for them to decide.
Of course, the supreme court does decide all kinds of nonsense, and interpret the law in ways that it was obviously never intended to be by its creators.
Although in this case, they've decided based on something that's incredibly out of date... And they've done a ruling with wide ranging consequences, over whether some criminal had been tried in the right place.
Truly pathetic stuff.
@@Leto2ndAtreides Lol why should we consider the hypothetical intent of some dead people? We should interpret the law in the context of our reality in the current year, not how some person 50-200 years ago might have intended it. If you ask me, we should give all reservations back to tribes and give them sovereignty in all matters, like how the USA and Canada are separate from each other
Not clickbait- this was informative and I liked hearing about it from you
I got your ad for curiousity stream on this video and I'm cracking up as a result XD It threw me off so bad, man!
Legal Eagle: "Large swaths of area"
Me, an intellectual: "Huge... tracts of land!"
correct.
Nice
But I don't want any tracts of land! I want... to sing!
@@ThePhxRises No! There'll be none of that here! 🤣
in oklahoma you cant just say THE INDIANS ARE A COMING! people would stampead and start taking scalps again!
Oh thank you for doing this. I live in Oklahoma and work for the State Government and we are in a bit of chaos over this.
@John Cottengim How so? What’s going on?
@@ianmartinesq Tax collections was the biggest issue that comes to mind. Given the current economic crisis it was worried this was going to be another nail in the coffin so to speak
John Cottengim hi I’m a tribal worker from SD and we were having short discussion about this. We would gain nothing as we came to agree that this doesn’t concern us especially our treaty’s, but you guys going to deal with. Oh yeah, you might want look through your state constitution it might include something like “we the state and the residents of said state will not hold own land residing within any public tribal lands.” As such without knowing you might voided your own statehood and these included from two Congress acts (I forgot which ones)
How is the taxation thing going to go if a majority of Tulsa is under Indian control? I can see this is going to get crazy.
@@TheRussellStover That is still under review hence the panic!
I can't believe you made it through that sentence without cracking up "The State formerly known as Oklahoma..." LOL! Especially as part of your sales pitch for the phone, you really are an amazing lawyer to keep a straight face while uttering that reason in good faith. ROFL!
gotta say I LOVE your ad transitions :)
I have to say...law can still be confusing, and at times very, very dull, but you do an amazing job at telling the layman exactly what these laws actually mean. TY!!
You saying "Gorsuch is a textualist" makes me want to see an episode that has your take on how the other justices' interpret and judge cases.
This, I actually never realized that the term textualist existed or that other types of interpreting existed before I watched this today. I just assumed people were dumb. (it was me, I was dumb)
If Gorsuch was a DM he'd be all RAW. Sounds like a fun time.
I'm just gratified that Ruprecht made an appearance.
I had to watch it again.
Great video man
I’m from Oklahoma. This is really interesting to hear about
The Nerdy Chive I have a ton of extended family in Oklahoma! I’m curious about this.
I am from the netherlands and i find this intresting
Cool! I just visited the top Northeast part a few days ago. Are you from East or West Oklahoma?
Georgio Conley I’m from Central Oklahoma
I know! T-Mobile sounds like a great service provider
I know this is strange but it’s nice to see some interesting news like this that’s not about trump
just you wait, he'll find a way to make it about him. XD
Hisame Artwork oh I’m not holding my breath but I’ll take this minute
Why? Can't handle any crticism towards your idols?
crankthatsouljaboi More like there’s only so much of the Cheeto in Chief’s antics one can take in a lifetime, and it’s nice to hear about important news that doesn’t revolve around him. But as others have said, the Grand Cheeto will probably find a way to make this about him. :/
@@Lulu_Lime
You must be kidding. I'm not even American but from the Bavarian Alps here in Europe.
And over here People from Left to Right are also shaking their Head when watching The US Media Channels or reading US Media Websites (This includes both Pro-Trump and Anti-Trump Channels/News Websites) So if i was an American i'd be upset at the News for focusing less on important Topics and more about "Trump just tweeted this" and "We invited these 10 Pundits on to speculate and discuss if Trump did this or is connected to that" Something US News does everyday almost all Day. Most of your News Websites and Channels are basically 24/7 Criticism of Trump.
So you asking "Can't handle criticism towards your Idols" is pretty hilarious, especially if you're from the USA.
News should maybe talk about Trump when he DOES something and leave the "Trump tweeted this, we invited 10 Pundits to discuss his latest Tweet or what he said in an Interview for the next few hours" out and instead report more on important Issues
Cheers from the Bavarian Alps, Germany
I'd like my birth certificate to be reissued as "Creek Reservation of Tulsa" and under state put "Federal jurisdiction formerly known as Oklahoma". lol
LOL SAME! 🤣
This was simple and educational. Thanks for doing these. I trust your information to be at least 90% accurate. Please don’t let me or us ( viewers ) down.
As someone who lives in the part of Oklahoma that the Supreme Court decided on, I can say everything is pretty crazy right now.
Logan Cole Productions good. You’re university nickname is the sooners, which glorifies thievery. Your state had this coming.
@@Primenumber19 wow wow wow... the Sooners represents the west side of the state. The cowboys represents the eastern half. Mainly.
@Logan Cole Productions How so? What’s going on there?
Bryan Newton sooners literally refers to people who squatted on land and popped up to say mine before the land rush. You’re whole state is stolen, losing half, regardless of which half, is justified.
PrimeNumber19 oh no, what about the Vikings? They raided places. A high school here has the crusaders, who murdered people for their religion. No one cares.
I started choking on my food at “Jimcy McGirt.”
😂😂😂
initially I heard Kimchi ...so I thought the convict was a child of some weeboo hipster.
Mc means "son of". Someone must have named their kid Girt at some point.
@@HisameArtwork Isn't kimchi Korean?
@@dzhellek jimcy, son of girt
@@jazzycat8917 Nah best role playing name for MMOs. 🤣
haha the outro. love the honesty
As a adult I now see the sense in comparing the government to a circus.
Haven't watched the video. But I've joked with my wife saying
"Well if the Native Americans own Oklahoma now, maybe they can lease it to the city/US government on a yearly basis for a tidy sum. Like Scrooge McDuck does with the city of Duckberg."
Actually, in a way, you kinda hit close to the pin, sir. For many tribes, that's exactly what they do! My brother and I are half Caddo and half Delaware. We are both registered under the Delaware Nation. The tribe leases some of their land for allotments, be it for residency (such as building homes on tribal land) or for industrial (oil and gas, or agriculture) purposes. The members of the tribe, my brother and I included, get a monthly check for O&G and agricultural royalties, because of the land that was leased out to companies that use that land for their respective purposes. Now, that money isn't really anything you can depend on for a living wage, as the money differs from one month to the next (could be $300 in April and $25 in May), but it is kind of similar to what you were joking to your wife about. I definitely loved the Scrooge McDuck reference! Hope you and your family have a very good day, sir! Cheers!
That’s what Mexico did to, fun fact, Texas. Guess what happened after that??
@@humanstop7314 I'm gonna guess... White people settled there and decided they liked having slaves too much and fought a war over it then joined another country and fought another war over having slaves.
USA still probably owes them rent.
and after they took over Texas, they decided the west side looked nice and took it too, AKA, California. But hey, keep leasing land to the USA, they have a good track record of TAKING OVER NATIVE AMERICAN LAND!!! Smh 🤦♂️
"It's all Indian Country?"
🌎👨🚀🔫👨🚀
"Always has been."
-Neil Gorsuch, 2020
The fact that you communicated a meme through emojis...A+
Notice he refuses to use the word Indian, even though it says this very word in the act, he is siteing.
Windigo Jones Except there was a treaty to regulate how the relationship was going to work. It was violated, many times.
Not really, the true native Americans were actually white. Indians that came from Asia killed them all off. Learn your history before you quote an ignorant Lib.
@Windigo Jones was only Indian country bc they wiped out the people that came before them. Settlers just did the same thing to them that the Indians did as they colonized the country through the straights
I'm in Tulsa. It was a neat headline but no one really cares.
The only way the state government will care is if that 15% of the population no longer have to pay state taxes.
@@socraticmethod-man9808 except taxes like sales tax, flip side native American own businesses might find a way to get out of having to collect state sale taxes
@@geraldgrenier8132 I was thinking more along the lines of their home and cars. Since the property might exist inside of the old borders created by the treaty.
@@socraticmethod-man9808 native americans in oklahoma that belong to a registered tribe already don't pay taxes on their cars no matter where they live in the state. They also don't pay property taxes on their house as long as they live within their tribal borders which most already do so neither of those really make much difference. If you're not native american, you will pay taxes on both even if you live on tribal land. Btw most of oklahoma was already considered tribal land tulsa was kind of an exception and even then part of it was considered Osage nation even before the ruling.
Whooo!! Okies finally getting some attention! It doesn't matter what it's about we're just happy to be noticed!
Just adding my voice to the chorus pointing out that it'd be more appropriate to say "give back" the land to Native peoples, not "give away."
Scott Whiting yes that ruins this video.
Or more like "recognize that we gave it away a long time ago."
i'd argue that "give back" isn't even the right phrase. Seems to me the better term is "haven't yet actually taken away".
Hey!
I'm sure you heard about the devastating blast in my home country. I know you usually do US videos but do you think you might do something about that event, thing is it has very fascinating legal aspects regarding how the nitrate ended up in the port, and it might be interesting to discuss the legal framework of accountability given the gross negligence that led to the blast.
Anyhow, Love your videos!
I'm an American, and I would really like to see this too. I realize Legal Eagle doesn't specialize in laws outside of the U.S., but I still think it would be informative.
Hope you and your family/friends are safe. Warm thoughts and wishes from my part of the world to yours
I'd like to see this too! I hope you're doing well
Returned* to Oklahoma. It was never ours to “give” in the first place
LOL.. I thought you did an excellent job of explaining the situation and even schooled some folks on history.. Good on you! Very informative and funny as usual! Thank you!!
....this should be called "Did we just return Oklahoma"
ikr? it was theirs first!
@@pippingtonne Technically it was probably some other tribe's, that we then shoved all these other tribes into this area, possibly causing the extinction or displacement of the original tribe. So it was their's Second.
For legal reasons, this correction is meant to be taken humorously.
I like it when people return things. Gives us all a warm fuzzy feeling inside. I mean... decency is underrated, no? The dignity gained in protecting others' dignity? All that kind of thing? I think so, anyway.^^
The state didn't get chopped in half. The Osage reservation has always been there, and it's part of Oklahoma.
😳!!!!!
I’m going to school in creek territory but I seriously doubt that anything in my life will change much at all.
You have a very apt name to be proven wrong at some point in your life
10:25 "Nobody" is going to argue that the US gave up sovereignty over homesteaders?
Oh ho!
You may want to do an episode on the Sovereign Citizens movement.