Covid-19

Didn't know this was going on, but pretty interesting....Indian tribe setting up roadblocks on US and State highways that enter Indian Reservations in South Dakota to protect against Covid-19.


"Earlier this month, Noem threatened to sue the Cheyenne River Sioux Tribe and the Oglala Sioux Tribe if they did not remove highway stops within 48 hours. She backed away from that plan last week, offering to negotiate on the issue if they would take them off of U.S. and state highways.

“I know there are questions out there about respecting (tribal) sovereignty,” Noem said Wednesday. But she contends the checkpoints cannot legally be on those highways."

South Dakota gov. takes tribe checkpoint flap to White House
 
Kraut783 said:
Didn't know this was going on, but pretty interesting....Indian tribe setting up roadblocks on US and State highways that enter Indian Reservations in South Dakota to protect against Covid-19.


"Earlier this month, Noem threatened to sue the Cheyenne River Sioux Tribe and the Oglala Sioux Tribe if they did not remove highway stops within 48 hours. She backed away from that plan last week, offering to negotiate on the issue if they would take them off of U.S. and state highways.

“I know there are questions out there about respecting (tribal) sovereignty,” Noem said Wednesday. But she contends the checkpoints cannot legally be on those highways."

South Dakota gov. takes tribe checkpoint flap to White House
Click to expand...
I believe they can, but SD could set it's own up an essentially lock the tribe down until they decide to negotiate.
 
Would blocking a federal highway would be a federal dispute? Tribes should still be subject to federal regulations and laws.
 
Florida173 said:
Would blocking a federal highway would be a federal dispute? Tribes should still be subject to federal regulations and laws.
Click to expand...

so, the Federal Aid Highway Act of 1956 provided funding for the national highway system....but the highways are owned by the state.


The Dwight D. Eisenhower National System of Interstate and Defense Highways, commonly known as the Interstate Highway System, is a network of controlled-access highways that forms part of the National Highway System in the United States. Construction of the system was authorized by the Federal Aid Highway Act of 1956. The system extends throughout the contiguous United States and has routes in Hawaii, Alaska, and Puerto Rico.

The U.S. federal government first funded roadways through the Federal Aid Road Act of 1916, and began an effort to construct a national road grid with the passage of the Federal Aid Highway Act of 1921. After Dwight D. Eisenhower became president in 1953, his administration developed a proposal for an interstate highway system, eventually resulting in the passage of the Federal Aid Highway Act of 1956. Construction of the Interstate Highway System was proclaimed complete in 1992, though some planned routes were canceled and several routes have stretches that do not fully conform with federal standards. The cost of construction of the Interstate Highway System was approximately $114 billion (equivalent to $521 billion in 2018). The original system has been expanded numerous times through the creation of new designations and the extension of existing designations.

Though much of their construction was funded by the federal government, Interstate Highways are owned by the state in which they were built. All Interstates must meet federal standards such as having controlled access, using a minimal number of traffic lights, and complying with federal traffic sign specifications. Interstate Highways use a numbering scheme in which primary Interstates are assigned one- or two-digit numbers and shorter routes are assigned three-digit numbers where the last two digits match the parent route. The Interstate Highway System is partially financed through the Highway Trust Fund, which itself is funded by a federal fuel tax. Though federal legislation initially banned the collection of tolls, some Interstate routes are toll roads.

BUT...

Native American tribal governments are sovereign, self-governing entities. Much like state governments, tribal governments are responsible for the health, safety and welfare of their citizens and their communities. Tribal sovereignty pre-dates the formation of the United States and is recognized through the U.S. Constitution and numerous federal statutes and court cases. Tribal governments are on equal footing with state government and have a government-to-government relationship with federal government. The sovereignty of each entity necessitates a government-to-government relationship at the state and tribal levels as well.

States and tribes have adjacent jurisdictions, with some tribes crossing into the boundaries of more than one state. These bordering jurisdictions are a key reason why state-tribal relationships are necessary. In addition, services are now provided by tribal government to members and non-members who reside on or near the reservations. This makes coordination between state and tribal agencies and service providers essential.

I think this will be a huge complex legal issue.....
 
Kraut783 said:
BUT...

Native American tribal governments are sovereign, self-governing entities. Much like state governments, tribal governments are responsible for the health, safety and welfare of their citizens and their communities. Tribal sovereignty pre-dates the formation of the United States and is recognized through the U.S. Constitution and numerous federal statutes and court cases. Tribal governments are on equal footing with state government and have a government-to-government relationship with federal government. The sovereignty of each entity necessitates a government-to-government relationship at the state and tribal levels as well.

States and tribes have adjacent jurisdictions, with some tribes crossing into the boundaries of more than one state. These bordering jurisdictions are a key reason why state-tribal relationships are necessary. In addition, services are now provided by tribal government to members and non-members who reside on or near the reservations. This makes coordination between state and tribal agencies and service providers essential.

I think this will be a huge complex legal issue.....
Click to expand...
Basically in this the Federal government would need to mediate this. The Tribe has sovereignty over their lands and the state does not. (That's as simple* as I can make it)

ETA: to qualify this...It is really fucking complex.
 
Last edited:
You remember when we all thought the Patriot Act would prevent another 9/11 and the checks and balances were such that our Constitutional rights would not be violated?

Those were good times.

Remember when we thought the coronavirus restrictions were necessary to protect our citizens and were short term with minimal negative effects?

Those were good times.
 
Marauder06 said:
-taking away your guns

-"contact tracing"

-keeping your economy closed

Not looking good up north, bro. :(
Click to expand...

What worries me more, is the how much the Emperors follower's lap this shit up.
Add in the mob mentality forming from the mask crowd. Mask's aren't law, just recommend and there's the medical exemptions. Of course there's those with asthma or COPD, saying "I wear a mask, I feel faint but I still wear it, so everyone should". I can't wait for these idiots to be mask related casualties.
Throw in Trudeau's sole focus on getting PPE has been from China. Almost everything delivered was contaminated or wasn't delivered at all. So shocked...
 
AWP said:
You remember when we all thought the Patriot Act would prevent another 9/11 and the checks and balances were such that our Constitutional rights would not be violated?

Those were good times.

Remember when we thought the coronavirus restrictions were necessary to protect our citizens and were short term with minimal negative effects?

Those were good times.
Click to expand...

 

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