Article 12,  in the American Indian Dilemma series, by John A. Fleming ,
August 24, 2001



THE RESOLUTION THAT WAS..  AND STILL IS



Although the noteworthy Washington State Republican Convention of 2000
resolution, approved by that conventions Delegate vote, was stopped by
certain senior State Republican Officials - it was a solid, valid and
Constitutionally correct effort. Skagit County Republicans passed the same
resolution at their 2000 County Convention earlier that year.

The resolution called for the Executive and Legislative Branches of the
Federal Government to
" immediately take what ever steps necessary to terminate all such
non-republican forms of government on Indian Reservations, and compensate
those citizens who have wrongly suffered loss due to denial of their
Constitutionally guaranteed Rights to be governed by a Republican Form of
Government."

Because not everyone is fully appraised of our U.S. Constitutional Rights,
the specific Article concerning the type government we are to live under is
now quoted.
           Article IV, section 4. Guarantee to the States.
          The United States shall guarantee to every State in this Union a
republican form of
          government, and shall protect each of them against invasion; and
on application
          of the legislature or of the executive ( when the legislature
cannot be
          convened ) against domestic violence.
True, this is a guarantee to every state. You must remember, we citizens
within each of our own states, constitute the Body-politic of that
particular state.. each citizen constituting the Sovereignty of that state;
we are the State. Our State act for us.. as we direct.

Here is a quote taken from one of the top text books on Constitutional law
( The Constitution of  the United States, by John Randolph Tucker,
reprints.. ISBN 0-8377-1206-8 ) concerning INDIVIDUAL RIGHTS granted our
citizens by the U.S. Constitution. This quote clearly explains why the
Federal Government ( and those state and local government officials who have
agreed or otherwise acquiesced in these matters)  abused it's powers when it
both established and supports federally recognized tribes to be able to
regulate( governmentally) and tax citizens living and or working within the
boundaries of their designated reservation…..
In a discussion by Tucker on the Commerce Clause and the Powers of Congress
( page 530, sec. 255,  he writes:
"(d) But there is another general clause of the Constitution which is
clearly a denial of any such power  by the Congress. It declares that "
Citizens of each State shall be entitled to all privileges and immunities of
citizens in the several States." (Art. IV, sec. 2.). In considering the
meaning of this clause we must anticipate what would, in some respects, be
more appropriately discussed hereafter. It will be perceived that this is a
declaration of the personal right of every citizen, and it belongs to him as
such. No Federal or State law gives it to him ; he holds it by the higher
title of the Constitution itself. If, therefore, any regulations of commerce
should invade the right conferred by this article, it would be, under Judge
Marshall's canon, prohibited to Congress by the Constitution. It is a
personal right which neither Congress nor a State can impair. It gives to a
citizen in any State a passport to every other, and confers upon him the
privileges and immunities which attach to the citizen of that other. "

For the reader that would like a review of this problem, see Skagit
Republican publication for September, 1999 ( vol. 1, issue 8 ) and the
article under INDIAN AFFAIRS . A copy is available at the Skagit County
Republican Office or by going to web site <http://www.newnorth.net/~micro/>,
then under article by Fleming, read TRIBAL GOVERNMENTS ARE
UNCONSTITUTIONAL-they are not republican in form.

This resolution is not dead. The problem it is designed to correct is
getting bigger and more stifling by the day. This problem is in fact part
and parcel of a revolution attacking our Constitution, our States, and our
Union, by the Indian Industry. For a description of the Indian Industry read
the Indian Affairs article in Vol. 1, Issue 9, in the Skagit Republican ,
and the article THE  INDIAN INDUSTRY found at the same web site noted above
, by this author.