NO. 7.   ESSENTIAL ELEMENTS OF THE AMERICAN INDIAN DILEMMA
by John A. Fleming

Introduction
Any interested party to the major conflicts brewing between federally recognized 
Indian tribes (hereafter called tribes), their supporters ( the Indian 
Industry), and non tribal member citizens living on or near Indian  
reservations, rapidly determines that for the past 70 years one side of the 
conflict has not only had the full force and power of the Federal Government 
behind it but that government has lead the way, paid the bills, and spawned a 
new branch of the law of the land…….Indian law.
Indian law is the step-child of the Congress, one of those family members fed, 
nourished, and kept happy by parents but kept locked in the closet of the 
Federal Courts, and a really hot potato in the hands of elected and appointed 
officials of our Federal Executive Branch (from the President down). And then 
one realizes …… those of us paying taxes to both State and the Federal 
Government, are both paying for this conflict and in many ways unknowingly 
assenting to the side of the Indian Industry.
Basic Documents and rules Forgotten or Ignored
CITIZENSHIP.
The first and most important document that is being ignored is The Indian 
Citizenship Act, passed June 2, 1924 (U.S. Statutes at Large, 43:235.), 
authorizing the Secretary of the Interior to issue certificates of citizenship 
to Indians, not yet citizens. The Act said, " Be it enacted… That all Indians 
born within the territorial limits of the United States be, and they are hereby, 
declared to be citizens of the United States: Provided, That the granting of 
such citizenship shall not in any way manner impair or otherwise affect the 
right of any Indian to tribal or other property." 
Up to this point in our history, individual Indians could become citizens by 
complying with Congressional Acts designed for such citizenship which included 
the stipulation that the individual Indian must give up their allegiance to 
their tribe. This stipulation was most understandable because in those days 
allegiance to an Indian tribe indeed was in direct conflict with the allegiance 
to the United States, an integral part of the obligation of all of our citizens.
This Act of citizenship, then bringing all non-citizen tribal Indians into a new 
individual status…..that of each now being a citizen of the United States, also 
changed the status of the Federal Government and the governments of the several 
States relative to these new citizens...each being an American citizen of 
American Indian decent. At least two significant issues become apparent after 
you think about this change in status of parties…..one being that all citizens 
have certain rights, immunities , and obligations given individually to each 
citizen as well as to that citizen as a member of the Body politic of the State 
the citizen lives in, (note- neither the Federal Government or State Governments 
can impair or take away those rights, immunities, or obligations). The other 
issue is that of precedent (Stare Decisis) and the current day courts use of pre 
1924 Indian Citizenship Act (1924 ICA) Indian cases as precedent in post 1924 
ICA , Indian cases.

With reference to the Constitutions -- specifying certain rights, immunities, 
and obligations effecting the citizen, one can not deny the existence of Article 
IV, Sec.2, of our Constitution, where in it states, " Citizens of each State 
shall be entitled to all privileges and immunities of citizens in the several 
States", or Section 4, of that article, that guarantees each State a republican 
form of government(this section effects the Body politic of each State-each 
citizen of that Body politic).These are declarations of rights given to each 
citizen…its personal, belongs to the citizen and as such no Federal or State law 
or other action can divest or alter those rights…..the Federal Government..and 
indeed the State Governments …did not give those rights , immunities or 
obligations to the citizen. But, " they " have done just that! Or did you miss 
it? "They" are those in the Federal Government that have designed, implemented, 
funded, and sustained the Federal Indian programs since the early 1930's.

PRECEDENT - STARE DECISIS. 
What justification do the Federal courts, to include the Supreme Court, have for 
allowing the doctrine of stare decisis to apply in the Federal Indian law cases 
taking place after the 1924 Indian citizenship act., wherein the Federal courts 
allow the use all manner of pre - 1924 Indian citizenship act Federal cases for 
precedence ( stare decisis )? Stare decisis, or the principle of following 
precedence, where applicable, is used if the facts in the case to be used as 
precedence are substantially the same as the case being tried. 
In the cases involving American Indians (individually , as a tribal member, or a 
tribe) from the onset of our Government ( and before) the status of the Indian 
was not even remotely the same as after the 1924 Congressional act that allowed 
citizenship for all American Indians. Before 1924, the American Indian was not a 
citizen by birth and the Indians status ran the gauntlet from savage, heathen, 
cruel warrior etc., to that of ward of the U.S. isolated in the frontier or on 
an Indian reservation remotely located away from the citizens of the U.S. It is 
not necessary for me to document this: however, here is what our Declaration of 
Independence said about Indians on our continent, on July 4,1776,-- I shall 
quote what our fore-fathers said about this when describing the then King of 
Britain ..." He has excited domestic insurrection among us, and has endeavored 
to bring on the inhabitants of our frontiers, the merciless Indian Savages, 
whose known rule of warfare is an undistinguished destruction of all ages, sexes 
and conditions." 
It is inconceivable that any Judge or member of the bar would try to hoodwink 
the public into thinking that the status of the American Indian from the early 
times of our Nation to the date of citizenship for all American Indians in 1924, 
was substantially the same or even remotely the same as after the citizenship 
act. Yet that is what apparently happened. Our Federal cases since 1924 
concerning Indian matters as well as documents prepared by or for the American 
Indian movement (the Indian Industry ) for the various courts, the Congress, and 
media consistently point to the pre-1924 Indian cases as precedence, established 
law on the subject; hence, must be followed because of the doctrine of stare 
decisis, etc. I fail to see how the facts of pre-1924 Indian cases can be 
considered," substantially the same, "as Indian cases in the courts after the 
1924 Indian citizen act was past. 
One other case element pertaining to Indian cases of both periods that would or 
should work against the doctrine of stare decisis is the major difference in the 
legal obligations of the U.S. Congress and the several States to Indians before 
they became citizens under the 1924 act and after that act was past and they 
were all made citizens. Other differences do come to mind.

REORGANIZATION-FEDERAL INTERVENTION. 
It is historical fact that the British, and later the United States of America, 
both consistently demonstrated expressly and impliedly, their intent to annex 
the lands we know to be the United States of America. This was achieved by 
conquest and cession which left Indians and their tribes conquered, subjugated, 
and placed into a position of actual subordination to the United States of 
America. As a part of the processes of annexation and cession, our nation has 
continuously tried to assimilate the Indians that remained. 
Up until the 1934 Indian Reorganization Act (IRA), a great deal of Indian 
legislation had taken place demonstrating the nations effort over the years to 
assimilate and make productive citizens out of the remaining Indians. The 1934 
IRA was the New Deal's effort to solve the clearly present substandard health, 
economic, and housing/social services conditions affecting a vast majority of 
Indian communities. 
The act was very liberal, providing for tribal self government, it ended the 
allotment system and made provisions to turn over reservation land not yet 
allotted to tribes, indefinitely extended certain trust for Indians, provided 
for the recreation of reservations eliminated by the Congress and for the 
creation of new reservations and touched upon many more subjects. This is a must 
read item because it alone started the chain of events that created the dilemma 
we face concerning the Federal Governments treatment of Indians and their tribes 
and it has provided for and funded the Indian Industry. It is a glorious example 
of new deal bureaucracy. 
Notwithstanding the history of conflict, war, and absolute resistance by many 
Indians and their tribes until recent times, our new deal regime came up with 
the concept that tribes should remain in existence even if they must be 
recreated and old terminated treaty rights recreated, and that tribes be given a 
place in our Federal system….as a federal entity of government. This is at war 
with our Constitution and other documents that established and allows our nation 
to exist. Much of it is Constitutional fraud.


Conclusion
It is clear that our Federal Government is out of control concerning the recent 
(since the early 1930's) Indian programs it has established . Our citizens are 
being both taxed and regulated by non republican forms of government, our 
federal tax dollar and agencies are supporting Indian Religious and cultural 
programs and activities specifically, to mention just a few Unconstitutional 
results of certain federal statutes. It is time we force our County and State 
elected and appointed leadership into some serious oversight activities and 
protect the rights of all citizens. Yes, it is time to come together and sue the 
parties responsible for this dilemma and the outrageous Unconstitutional results 
of their actions.
John A. Fleming

November 29,1999

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Article posted: Tuesday, November 30, 1999

Copyright © 1999 All rights for republication revert to the original author.