For the last 100 years, Native Americans have been actively combating for their rights. This struggle is proceeding with varying success. However, little by little, state court decisions brought the problem closer to resolution. Today, we will talk about the influence of the Muskogee Federal Court on the protection of the rights of this social group.
What Is Muskogee
Muskogee is located 48 miles southeast of Tulsa. The total area of the city is 39 sq. miles, of which 37 sq. miles is land and 2 sq. miles is water. The city is the economic center of eastern Oklahoma and is home to the port of Muskogee on the Arkansas River. According to the 2010 U.S. Census, Muskogee has 39,223 inhabitants.
Thus, it is a provincial city remote from the center. However, due to its geographical location, it became a place of residence for the Muskogee Indians. Thus, local legislation is characterized by a considerable number of lawsuits involving Native Americans. Thanks to court decisions in such cases, precedents were formed that are now used to pass new laws. This significantly improves the situation of the indigenous population.
Current State
According to the U.S. Supreme Court’s decision, almost half of Oklahoma territory now recognizes the obligations of the Muskogee tribe from the Creek people, whose representative filed a lawsuit.
This territory is more than 12 thousand square kilometers, including the large city of Tulsa — the center of oil production and the second largest city in the state with a population of about 390 thousand people. These lands are home to 2 million people, of which Indians make up about 15%. The Muskogee tribe itself is read by 5% of the population. In this country, Oklahoma’s population is 4 million.
The Role of Muskogee Federal Court
The lawsuit is based on the fact that the U.S. Federal Government granted the Creek Nation a reservation in this area in the 19th century. The Muskogees lived for centuries in the territories of what are now the southeastern states: Georgia, Alabama, Florida, and South Carolina. In the 1830s, they, like many other Indians, were forcibly removed from the eastern lands to the West, in the so-called Indian Territory, which later became Oklahoma. In 1856, the Muskogee signed a treaty with the USA that guaranteed them full sovereignty. However, during the Civil War, some Indian tribes that also owned black slaves supported the Confederacy of Southern slaveholders.
At the same time, the legal boundaries of the reservations were not changed, and it was formal all this time. For many years, the Indians fought for their ancestral territories and tried to preserve their native places. Now, the government has fulfilled its promise to the Native Americans.
The Indian Treaty is a law enshrined in the U. S. Congress. However, laws regarding such issues have not been followed for a long time. The current decision is a good reminder that the law must be respected for Indian reserves as well.
Tribal Sovereignty
From now on, reservations will have their system. Minor offenses will be cited in tribal courts. Judicial authorities are not required to try cases according to the rules in their territories, although serious criminals will be tried in federal court. Some convicts have grounds for retrial.
There are 326 reservations in the country, but not all of the 567 officially recognized tribes or nations, as the Indians prefer to call themselves, have their places of living. In total, the Indians control an area of 227 thousand square meters of the United States, just over 2% of the entire area of the country.
State governments recognize the right of Indian peoples to self-government; they have the right to form their government, develop and implement laws, maintain tax rates, and justify the citizenship of their tribes. In addition, the Indians have the right to continental and regulation of almost all activities.
State laws generally do not affect territorial reserves. It’s your fault. Indians pay federal taxes like the rest of the USA, but reservation residents do not pay state income taxes if their income comes from the reservation. Likewise, they do not pay property taxes on reservations. On 140 reservations, the land is collectively owned by tribes. In several states, gambling is allowed on these territories.
Conclusion
The U.S. Supreme Court’s decision is being hailed as a milestone for including Americans. Based on this precedent, other cases on high-level issues will now be conducted. So, this step is possible because of previous decisions made by the Federal Court. Every decision made, even in minor cases, was included in the precedent base. Subsequently, judges relied on these cases when making their decisions. This way, the initiative came from the state to the federation level and brought justice.
