TRIBAL GOVERNMENT SEEKS "FULL FAITH AND CREDIT"
FOR THEIR JUDICIAL PROCEEDINGS

The July 12, 2002, edition of the Native American Press/Ojibwe News stated
that the Minnesota Supreme Court Advisory Committee for the General Rules of
Practice is currently holding hearings on a proposed full faith and credit
rule for that State. This proposal seeks to have the Minnesota State courts
grant " full faith and credit" to the judicial proceedings of the various
Federally recognized tribes in that State.

Our U. S. Constitution provides for full faith and credit of public acts,
records, and judicial proceedings with and between the several States. This
provision is between equal sovereigns, free and independent, with recognized
powers, jurisdictions and rights not expressly delegated to the Congress
assembled, and bound by the Declaration of Independence, the Articles of
Confederation, the Article of Compact entitled The Northwest Ordinance of
1787, and our current Constitution. This rule has and continues to serve the
Union well, does exactly what is necessary for the States and federal
government to ease the rigors of any judiciary activity within our Union -
which is based on a Republican form of Government for each unit of
government. Federally Recognized tribes do not meet the above criteria or
standards set by the several States that provides us with an environment to
make the full faith and credit rule effective.

One cannot question a States right or authority to grant such a rule for
tribal courts - if such a grant stood alone and unaffected by State or the
U.S. Constitutions. This is not the case. Our historical and formative
documents, above mentioned, rule the day. In this matter one must remember a
court is an instrumentality of government. In this case the individual
Federally recognized tribe has its own form of government (not necessarily
like other such recognized tribes), all of which are not Republican in form,
fail to have any Constitutional authority or power for their existence;
hence, their courts and tribal governments are authorized by Acts of
Congress that are repugnant to our Constitution.
WHY, because tribal governments are not Republican in form, a violation of
Article IV, Section 4, of the U.S. Constitution. If the reader will spend
just a little time investigating this matter, one would find out that tribes
do not let all those affected by their rules and taxation, to vote or
participate in the governing process, and there is no separation of powers,
just to mention a few irregularities. You will also find clear and
unmistakable evidence of Unconstitutional End Results stemming from a number
of Federal Indian Programs.

The Minnesota Supreme Court Committee considering this proposal will
themselves create another unconstitutional end result if they allow this
proposal to be adopted .They do not have the power to disregard the
Republican form of government requirement.

John A. Fleming
August 1, 2002

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