In 1968, the Indian Civil Rights Act "ICRA" was originally introduced and enacted as an effort to protect individuals from the "arbitrary and capricious" actions of tribal governments and/or officials. Unfortunately, while the "ICRA" was well intended and expressly forbid tribes from taking actions that violated an individual's rights, the "ICRA" failed to include an effective enforcement mechanism which would hold tribal officials accountable for violations of its provisions.
With no oversight of the "ICRA" and not one federal dollar being spent on the enforcement of fundamental civil rights of American citizens on Indian Reservations since 1978, we must do our part to ensure Congress appoints a special impartial counsel to investigate the ongoing denial of equal protection of the law and civil liberties in Indian Country.
It starts with your signature. One does not have to be Indian, or have been the victim of rights violations to sign - anyone can. Please sign, share and get family and friends to sign.
National Petition For Justice
People For Equal Justice In Indian Country
WHEREAS, there is no foundation for Congress’ and the Court’s assertion of a “plenary power” over Indian tribes taken as independent and sovereign governments, and such a “plenary power” neither has been nor can be acquired by conquest, treaty, or constitutional stipulation;
* Whatever may be the rule in international law, the assertion of complete and arbitrary power over non-citizens by the Government of the United States is incompatible with the Constitution of the United States, which is superior to every positive determination by the Government;
* Even if complete and arbitrary power over non-citizens were possible for the Government of the United States, such unlimited power could not be extended over citizens who, as such, are parties to the Constitution that limits the power of government;
* Therefore, insofar as the Indian Civil Rights Act applies to U. S. citizens, it exceeds the power of Congress to enact;
* The Congress of the United States can legitimately exercise no power over tribes whose members are citizens of the United States which power is not in fact a power over the citizens themselves and therefore subject to the relevant constitutional limitations;
* With respect to constitutional protections afforded against lawfully subordinate governments, the United States has no power whatever to make exceptions, for any purpose whatever;
* Not one federal dollar has been spent on the enforcement of fundamental civil rights of American citizens domiciled on reservations since the 1978 Supreme Court decision, Santa Clara Pueblo v. Martinez;
* With respect to constitutional protections afforded against lawfully subordinate governments, the United States may not apply a lesser standard of protection against itself;
* The Government of the United States has failed to provide for Indians living on reservations guarantees of those fundamental rights it is obliged to secure for all U. S. citizens living on territory controlled by the United States and under the laws of the United States;
* In abandoning by act of Congress individual U. S. citizens to the indeterminate control of tribal governments without recourse to federal courts of judicature the United States ; fails to provide the just constitutional claims for which all citizens may pray; and,
WHEREAS, strengthening tribal “self determination” has brought little or no oversight of crime, corruption or ongoing civil rights violations committed by tribal governments; and,
THEREFORE BE IT RESOLVED, that we the People for Justice in Indian Country hereby call upon the members of Congress to call for the appointment of a special impartial counsel to conduct a full investigation into the reasons Indian United States citizens are being denied equal protection of the law and access to Federal Courts when aggrieved by their tribal leaders; and,
BE IT FURTHER RESOLVED, that we the People for Justice petition for the full and complete realization of the fundamental rights of all citizens of the United States, without regard to race, ethnicity, religion, national origin, or supposed customary traditions.
Signed this ___ day of 2011/2012 by citizens of the United States of America.
“Now they have come to the place where their faith can no longer feed on the bread of repression and violence. They ask for the bread of liberty, of public equality, and public responsibility. It must not be denied them.”
Mordecai Wyatt Johnson