NO.6. Tribal Governments are Unconstitutional ----- They are not Republican in Form---- By: John A. Fleming Who said that? Why? How could our Federal Government allow this to happen? Why have the States remained unconcerned about this? The best way to start answering these questions is to quote a complaint and request for help sent to the Washington State Auditor, Brian Sonntag, in April,1999, and discuss the answers from that office, the Washington Utilities and Transportation Commission, and the Washington Attorney General Office, concerning this matter. This problem directly affect all counties, cities, towns, and citizens in the United States that are in or border any Federal Indian reservation. Here is the text of the complaint and request for assistance. " By way of introduction I am an owner of leasehold interests and live in a house I own within the boundaries of the Swinomish Indian reservation. See encl. 1 for copies of our Skagit County Certificate of Registration. My complaint is that I individually and along with hundreds of other non-tribal members (of the Swinomish Indian tribe) are being both regulated (see encl. 2) and taxed (see encl. 3) by the Swinomish tribe, a tribe claiming authority from the U.S. Government to do so (see encl. 4, copy of tribal ordinance no. 126). I am complaining about the tribal regulation and taxing of non-tribal members because basically the tribe is not part of our republican form of government (see encl.5, definitions) : i.e., we, non-members, are unable to vote or otherwise participate in Swinomish tribal community governmental activities and the tribal government is neither recognized by or a part of the Constitutions of the United Sates of America or of the State of Washington. In fact the Tenth Amendment of the U.S. Constitution clearly states where the Powers of government rests and tribes are excluded. More importantly we as citizens of Washington (and all other States) are guaranteed by the U.S. Constitution, to be governed by a republican form of government. This guarantee is found in Article IV, section4. This guarantee is to each State and that means the Body-politic of each State…..of which both of us claim membership in the State of Washington. For a clear understanding of this particular Article we suggest that you read encl. 6, a copy of Tucker's discussion on this subject from his volume two of The Constitution of the U.S.( a critical Discussion of its Genesis, Development and Interpretation), and a very good example of original understanding (ISBN 0-8377-1206-8). In short Mr. Sonntag, and especially after I read in the Skagit Valley Herald that your office "is alive and well" and that a recent inspection of our County Commissioners award of a particular bid included a perceived conflict of interest, I am very much concerned that your auditors did not find the Commissioners at fault for not protecting the one thousand or more Skagit County Citizens who were being regulated and taxed by a government entity-the Swinomish tribal community-that is neither republican in form or recognized by the two controlling Constitutions. I am concerned that your office has not identified this problem and pointed out to the members of the State Legislature that they can in fact request the Government of the U.S. to eliminate the offending government we have identified that is not republican in form. I ask you to look at your oath of office-it should be similar to our Commissioners oath of office (see encl.7) : this oath requires them and you to "support the Constitution and Laws of the United States". We citizens of this State are guaranteed a republican form of government and we request that the State of Washington do its duty-as Article IV,sec.4 of the U.S. Constitution, provides for." Mr. Sonntag claimed his office was not responsible for the problems the complaint raised and could not assist. The Washington Utilities and Transportation Commission reply included the following-" Who protects the non tribal residents who cannot vote, but bear the ultimate burden of the tax? The courts are the appropriate forum. Granted, that can be a formidable undertaking, but legal action is an option." The Attorney General Office replied with a three page letter that failed to address the issue presented in the complaint and ended up saying " If you have additional concerns about the Swinomish Tribe's ordinances, you may wish to consult a private attorney." Our Skagit County Commission was informed of this matter and has said and done nothing about it. It is difficult at best to be a mere citizen when your elected and appointed officials both ignore your letters and information, but to be sent facts, statements, and legal opinions as responses, that utterly fail to answer your questions-----that is real damage to the status of a citizen. Yes, we do have other remedies, but to be forced into court over a clear Article 4, Section 4 (U.S. Constitution) violation really tells the story of our State and local governments interest in the public. John A. Fleming Sept. 6,1999 Return to: Article posted: Tuesday, October 26, 1999 Copyright © 1999 All rights for republication revert to the original author.