Jubal
Thursday, 13 March 2008, 4:54 am
Did some looking, did some thinking.
It's partly a question of sovereignty, and there are historical and racial aspects. The law in question would have given more symbolic recognition to tribal court judgments than real recognition. They're treating tribal courts as though they are courts of another country. The language in the exceptions is almost identical to the language in treaties on recognition of foreign judgments. So it appears that Rep. Soderberg is treating Indians as a foreign nation. He's denying that we are Americans, he's denying that we are able to render justice, he's denying us a considerable measure of control over our own communities, and he's denying that America has a rich heritage of legal influences. Louisiana operates under the Napoleonic Code, and Puerto Rico operates under the Spanish Civil Code. Several states in the Southwest have a significant influence from the Spanish Civil Code in their laws, one obvious example being "community property." Given this national tradition of legal diversity, and given the fact that the bill would give tribal courts less recognition than the Iowa county courts, I'd say the Representative still regards Indians and Indian sovereignty as not being worth taking seriously. In other words, his mind is embedded in the "conquered primitive savages" view of Indians. It might also speak to a fear of diversity in general.
There's nothing in his gaming votes that really points one way or the other. I'll take off on the IGA some other time.
And it's Shawnee, POAC. Despite the similarity in names, no relation. Big river between us.