State of Irresponsibility or Stupidity - You Decide

"The reason we need to pass this legislation is because,if we don't the Mashpee will beat us to the punch and force a casino on us just like CT." - Senator Rosenberg (picture courtesy of Gladys Kravitz blogspot)

Wow….did I wake up in 2007 this past month or what... and if I did…where the hell is my Delorean?! This is just one of many irresponsible and misinformed statements made by Senator Rosenberg regarding Land Into Trust issues surrounding the non-threat of Indian casinos in Massachusetts….and his excuse to pass an irresponsible Casino Gambling Bill in Massachusetts…but I’ll save the irresponsibility of the Senate and the Bill itself for another day…for now, let’s focus on our Senator Rosenberg who apparently is the “guru” on Indian Gaming….uhhhh...yeah….not so impressed with you so far Senator Rosenberg. You sound exactly like Governor Patrick when he was pushing his three casino bill - and we all know how misinformed he was about that, but I digress.

First of all Senator, may I suggest you pick up a copy of Without Reservation…it gives the complete story on exactly how an Indian casino was forced on Connecticut….twenty five years ago….. Now don’t get me wrong here because yes, there has been this “letter” floating around from Assistant Secretary of Indian Affairs Lary Echo Hawk stating that the Department of the Interior will continue to process eligible pending applications for gaming on Indian lands….blah, blah, blah…..yet not a big deal when you actually understand Federal Indian Policy and IGRA. What our dear Senator doesn’t seem to understand is that the BIA has no jurisdiction or authority to place land into trust...neither does the SOI at this point...in fact, the BIA is only responsible for determining if the applications submitted prior to the Carcieri decision are still eligible under the new rules. By no means is the letter or any other "memo" that is circulating saying that all applications are being processed by the BIA...nor does it say any decision on land in trust is being made by the BIA. In fact, the letters coming out of the BIA and SOI’s office regarding the processing of applications are deliberately ambiguous. Let us all keep in mind here that they do consistently say that applications will be processed if and only if they fully satisfy the requirements of the law. That’s a big IF Senator and one the Mashpee and the Aquinna don’t meet. Hey, I get it....the reason for these letters is understandable…frustration has been building with tribes who are awaiting decisions on applications - shortly after the Carcieri decision they were told to consult with their lawyers on the legality of their request. Nothing has moved forward since. The only thing that’s changed now is that the responsibility for determining eligibility for applicants has shifted from the tribes to the BIA and the BIA is only now evaluating the pending applications for applicable legal standards. After all….there were tribes that were recognized before 1934 and they may have applications awaiting a decision.

As it stands right now, the threat of an Indian casino isn’t real and I and many other well informed citizens can debate that until the cows come home. And if we can understand Federal Indian Policy, I find it extremely difficult and disheartening to believe that our State Senators could be so easily mislead with regards to the legalities of the Mashpee tribe’s proposed casino.

….here is Senator Rosenberg’s comment to a concerned and well informed citizen when this was explained to him….

With all due respect if you have not spoken directly with the BIA then you do not have all the information you need in order to understand the full scope. You are reading what you see accurately but you probably have not had the direct conversations with the BIA that I and others have had which provide the additional background.if you have I would appreciate information about those meetings. Neither you nor I were part of additional meetings with Secretary's office and the BIA and the heads of landless tribes in which he committed to resolve the issues both of landless tribes and those seeking additional land. All of the meetings we have had and all of the reports we have received from Washington add up to a commitment to resolve land in trust issues in a timely fashion.

That's it for now. Thanks for the dialogue.

With all due respect Senator, many of us have spoken directly to the BIA and unlike you….we didn’t just call them “cold”…we already knew our rights as citizens under Federal Indian Policy and knew the rights of this State as well - so those of us who have spoken with the BIA and Washington were not so naïve as to believe everything we were told. Oh, and by the way Senator, I personally have had the pleasure of speaking directly to the chairman of the NIGC -- that’s the National Indian Gaming Commission -- just in case you didn’t know that…which it seems to this chick like you don’t because you obviously believe that the Mashpee automatically have the right to build a casino just because they are a Federally Recognized Tribe - which they do not. From my real and direct face to face conversation with said Chairman, he made it clear that the NIGC would not approve casino gambling on land in Middleboro that was clearly set aside for a casino…that is called Reservation Shopping and it is a big no no.

Senator…with all due respect…having Land in Trust does not a casino make….especially if said land is in a State that does not allow Class III gambling to begin with…so before you make silly and ignorant statements like “we have to beat them to the punch” and before you wave your hand and dismiss an informed and well educated voting, taxpaying citizen…you might want to actually try and listen to someone other than the Tribe(s) and the BIA.

With all due respect, Senator Rosenberg…do you even know who that educated voting taxpayer who sent you all this information is? Do you even realize that the person who you have been so dismissive to was responsible for bringing one of the best Indian law councilors together with the Carcieri Lawyer? Do you know that this person was the one who recognized that Rhode Island’s argument in the Carcieri argument wouldn’t win as it was so this person brought in a more experienced lawyer from Arizona to help with that case? Do you know that this person’s research on Indian case law is so extensive that it has been used by a New York lawyer who then successfully argued an Indian law case before a Federal judge? Do you know that this person knows more about Indian law than any lawyer on the east coast because of what happened in Salamanca, New York…or that what happened in that town was so disturbing that the atrocities of Federal Indian Policy was dedicated to this person in a book…a book written by two Indians, I might add?…did you know any of that Senator Rosenberg?….did you know any of that before you responded to the information given to you with such a pompous and “holier than thou” attitude? Did you? Because I really, really want to know.

How about instead of being ignorant and patronizing, perhaps you might want to try a lot more listening and a lot less talking about things that are so obviously esoteric to you….heck, God did give you two ears and one mouth for a reason - its about time you realized that reason - here is a hint for you....do a lot less talking and twice as much listening, you might actually learn something….and while your at it, you might want to try some light reading…may I suggest the Kickapoo case in Texas - this is where it was determined that a State is not required to enter into a compact with a Tribe seeking class III gaming if class III gaming is illegal in that State….you can read about it here and then perhaps correct yourself in your statements regarding tribal / state compacts….or perhaps you could brush up on the Hawaii and other decisions that made it perfectly clear that the Federal Government cannot exercise power over a sovereign State and that casinos are not inevitable…in simple terms, Sir….the Federal Government cannot take land from a Sovereign State and place it in Trust, thus removing it from State tax rolls and exempting it from State regulations unless that State says they can…oh, and hey, how about that little factoid that the Federal Government can only set aside excess Federally owned land to be placed into trust…oh yeah…none of that here in the good ‘ol Commonwealth.

….lets save us all some time here Senator Rosenberg, since you obviously have not done your homework, but instead made a few “phone calls” and several misleading statements during the expanded gambling hearings..…. perhaps you could just go back and read all my blogs and the blogs of Gladys Kravitz (you’ll like her…she’s witty, yet thoughtful and funny all at the same time- and her husband Abner is fantastic!)….and while your reading, wherever you see the word “Middleboro” replace it with “Fall River” because the facts are still the same regardless of where the Mashpee Wampanoag Tribe wants to put a casino…. You can pretend you're Letterman - take the Middleboro out of the threat and replace it with Fall River. You might actually learn something.

Look…I am not so naïve myself that I don’t believe that the BIA told you things that make you worry that Tribal casinos could become a true possibility here because I am sure they did. Heck, me and a group of well informed citizens have been dealing with this for the past three years…and have learned a lot from people who have spent a lifetime dealing with this….several of whom are Native Americans, I might add….and we have learned a lot about federal process, or more accurately, the tricks of the Tribe(s) for getting their Casino‘s…I have to believe that the BIA is taking into consideration that pesky little pinhole in 25 CFR when determining the applicability of a Tribe’s LIT application under the new rules and the Tribe(s) in Massachusetts will most certainly try to use this pinhole to get land - in fact I am quite certain they will when considering the shenanigans going on in Fall River - which could be why you probably think a Tribal casino is inevitable…but said pinhole could be considered unconstitutional by a State and a group of Senators from said State who actually have the….ummmm….dare I say......nads…… to stand up for themselves and their citizen’s sovereign rights instead of bending over the chair of inevitability….with all due respect, Sir.

Or maybe you are just worried about a bingo hall like Twin Rivers….which is such a huge disappointment in the profit maker, job creator and economic engine fantasy for Rhode Island….yeah, those bingo slots sure are a threat to the Commonwealth…and gosh, lest us forget what happened in Connecticut because you told us so…

If we understand correctly now, there are machines that look like slot machines, act like slot machines but are in fact a Bingo gaming machine and because weve allowed Bingo would not have to get our permission, nor would we have to legalize slot machines for them to be able to open a casino with slot machines, for all intents and purposes. So our choice, basically the issue of whether to legalize slot machines is effectively mooted out. We either get in front of it or behind it.

Sen. Rosenberg said, That is how the state of Connecticut ended up with two full-scale casinos. The tribe down there said they were going to exercise their right to electronic bingo. The first tribe chose to share the market with the second tribe, and thats how we ended up with what we have in Connecticut. There is ample precedent now that electronic bingo machines are recognized. The second reason and way in which this is profound is that there have been a number of hiccups. - transcripts from the Senate Hearing on the Casino Bill

Jeez...talk about leaving out the pertanent facts - Senator, you obviously don't know the history of IGRA nor do you care to understand that that State was bamboozled by a smart lawyer looking to make some cash - but hey, no matter because it happened and we had better go build us some casinos real quick like….forget the damned independent cost benefit analysis - look what happened in Connecticut twenty-two years ago…and it's gonna happen to us....we need to beat them to the punch….right Senator?

So what exactly happened in Connecticut Senator? Other than increased crime, increased drunk driving incidents, a need for more police and fire services, a need for more teachers, failed small businesses and traffic topped off with high property taxes…do you think Connecticut would allow what happened to them then to happen now? I don't think so.....what is it exactly that we have learned from Connecticut Senator Rosenberg? That it is inevitable so prepare to bend over that chair of inevitability? Really???

Oh, and while I’m at it Senator Rosenberg, with all due respect….it is your job and the job of every Senator to govern this State under its own Constitution….and in case you haven’t read it for a while (or at all)….here is the first article ….

Article I. All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.

Yet here you are…debating whether or not to allow smoking in casinos because cigarettes are threat to public health…debating whether or not to allow free drinks in casinos because drunk driving is a threat to public safety…but gosh darned it, not to allow these things will most certainly result in casino failure which will cut into the so called “profits” for the State - which you can't even say for sure exists because there is no time nor a need for an independent analysis of the costs...so these things must be allowed and we certainly don't need an independent analysis done, just pass the bill now and worry about that later…..arguing all this and so much more to pass a bill for an industry that in and of itself is a public health and safety threat..a threat to the safety and happiness of the citizens of this Commonwealth. Because we got to beat them to the punch….Good job Senators…and a super kudos to you Senator Rosenberg…..here is something to be really super duper proud of.

- There is absolutely no inevitability as long as there is the willingness to think - Chuck Jone

- be the change you want to see in the world -

The Ultimate Truth and Betrayal

I pledge allegiance to the Flag
of the United States of America
And to the Republic for which it stands
One Nation under God Indivisible, with Liberty and Justice for all…


How many times in our lifetimes have we stood up placed our hand over our heart and recited the pledge of allegiance? Personally, I grew up reciting the pledge every morning at school and I remember how these words affected me even at a young age. I grew up in the 70’s…a decade wrought with its own political issues such as the Arab oil embargo of 73, the water gate scandal, and Nixon's presidency. As I read these words today after all I have seen and learned over the past three years fighting for my rights as the Mashpee Wampanoag Tribe tries to take land into trust and build a casino resort in Middleboro, I wonder who, if anyone, in our Government lives and works by these words. Do we have leaders who actually believe in one Nation under God, indivisible, with Liberty and Justice for all?…I don’t know about our Government, but I do know I had the honor and pleasure to meet a group of people from across this great country who do believe in liberty and justice for all and who tirelessly fight to affect change that ensures that we all really do live in one indivisible Nation.

How many truths does one lie destroy?

This question sums up the 2010 Annual CERA conference I recently had the honor to attend. The conference was entitled Betrayed Trust: Taxation without Representation - Representation without Taxation.

The conference started with an introduction discussing this very question and how fear and fatalism caused by flawed Indian Policy and corrupt Tribal governments quells the voice of United States citizens, including and most importantly the voices of Native Americans living under corrupt Tribal Governments. The voices of people needing help but are afraid to speak out, and those who do are intimidated into silence and blatantly ignored by the US government. The voices of US citizens across this great Nation who are fighting to protect their homes, communities and many cases entire counties from being taken from them by the Federal Government, placed into Trust and given away as independent sovereign land that is not subject to local, state and many federal regulations. Land that is run by Tribal Governments where the rights and equal protection guaranteed to all citizens by the United States Constitution does not apply. Our own Government, through flawed Federal Indian Policy has created a system and policy whereby nepotism and favoritism effectively dismantled our so called “One Nation” and has created two distinct classes of people right here within our own Country. Federal Indian Policy is an utter complete failure. It is unaccountable, destructive, racist and unconstitutional and the absolute profound effects of this failure became quite evident to me at this conference.

Separate but Equal

One of the most fascinating and eye opening presentations was given by an amazingly intelligent and wonderful woman who also happens to be a CERA lawyer. Her presentation was entitled “The Dred Scott Constitutional Split”. This was a fascinating and difficult discussion as to how Native Americans in our Country are considered “separate but equal” by our Government regardless of the fact that they were granted citizenship in 1924, and regardless of the fact that the 1934 Indian Reorganization Act which was supposed to be a benefit to Indians, still keeps them as wards of the Federal Government…they are “separate but equal”. The realization of this has really bothered me. I mean, how is it possible that in 2010 we have a group of people who are American citizens with all civil rights granted to them under the US Constitution as long as they are not enrolled members of a federally recognized tribe or live on an Indian Reservation? How is it possible that the Federal Government still considers American Indians as belligerents and continues to keep them as wards of the Government and defines tribal members as “separate but equal”?

The Ultimate Truth

I listened to the story of a wonderful Native American woman who made the decision to unenroll herself from her Tribe so she would not be considered a ward of the federal government and enjoy the freedoms granted to all US citizens under the Constitution. A woman who stood up and said “I don’t need the Federal Government to tell me I am an Indian…I already know this.”

I heard the story of a Native American gentleman who had his land legally given to him by his mother at her death suddenly taken away from him by his own Tribal Government and there was nothing he could do about it….not until he met the CERA lawyer who has been working tirelessly to help him regain and take back what is rightfully his.

I listened to the story of a Native American gentleman who truly believes that Tribal sovereignty creates more problems than it solves…who lived through his own personal hell with the fear and intimidation pushed on him and his family by his Tribal Government.

I listened to town and county government officials talk about the struggles they constantly face due to flawed Indian Policy and how their rights are ignored by the Federal Government.

The Ultimate Betrayal

I listened to two people who were part of the Salamanca sixteen and how the ultimate betrayal of our Federal Government left them with no rights by supporting another sovereign nation and effectively leaving them with nothing.

“How would most Americans feel if one day Congress passed a law that said they no longer owned their homes? In 1990 Congress did just that to approximately 3,000 people in Salamanca, New York and surrounding communities…they ordered us out of our homes that we bought and paid for. They were officials from the United States Justice Department sent by the Department of the Interior and the Bureau of Indian Affairs aided and abetted by the Congress of the United States and the Governor and Legislators of the State of New York. Ultimate betrayal by all….When we testified before the Senate Committee on Indian Affairs in 1996 and fully explained our denied due process and equal protection under the law, Senator Inouye of Hawaii said: Well, we’ll certainly see that this never happens to anyone else in the United States - But…they did let it happen to us." - speech quote from a Salamanca Sixteen survivor

Hope Springs Eternal

I went to this conference and listened to the stories of people from all over the country who are struggling to survive under repressions from land in trust issues, fee to trust issues, Indian casino issues, basic civil rights issues…..Native Americans, ordinary people like you and me, town and state government officials all trying to protect their rights. I listened to the mess created by flawed Indian Policy and the many, many stories I heard over the course of two days put me through a range of emotions….outrage and anger, sadness, horror, and yes even elation for the small wins. Hearing these stories has given back to me something I thought I had lost over the past year….my overall motivation to stop the apathy and help affect change in government. I have found people who welcomed me with open arms, who listened to and sympathized with my own personal plight and who have given me hope in the future of our great Nation.

I got into this fight because the Mashpee Wampanoag Tribe wanted to take land into trust as an initial reservation and build a casino resort to the likes of Foxwoods three miles from my home. I was called a NIMBY by casino supporters and when I first started in this I was….but I educated myself and learned that I shouldn’t blame the Mashpee Tribe itself for my lack of rights in this issue, but to blame the unaccountability of Tribal Government and my own Federal Government and especially the flawed Indian Policy that only helps Tribal Governments rule as tyrants while leaving the rest of us to pick up the pieces…I also learned that I am a NIMBY...a NIMBY who was fortunate enough to realize that my backyard extends far beyond an acre in Carver Massachusetts….one that extends to every corner of this great Nation. I can thank the good people who make up organizations like CERA and CERF for giving me hope that we can affect change for the good of all who call this great Nation home and for opening my eyes to truth behind Indian Policy and how this policy actually is the Ultimate Betrayal to all of us.

CERF and CERA’S Mission Statement

Federal Indian Policy is unaccountable, destructive, racist and unconstitutional. It is therefore CERA’s mission to ensure the equal protection of the law as guaranteed to all citizens by the Constitution of the United States of America.

For more information please visit www.citizensalliance.org

Any appeasement of tyranny is treason to this republic and to the democratic ideal - William Allen White

Oppression is but another name for irresponsible power - Charles Cotesworth Pinckney

“Be the Change you to see in the World”

Signs

A friend of mine was driving home from a Thanksgiving holiday with family and as she was driving through New York State...eeerrrrr...I mean leaving New York State and entering Senica Nation , she saw this big giant sign.....





Huh... I am not really sure what they mean by "a fee is being assessed"...is there a flat fee, or are they tracking all vehicles going through their "Nation" and assessing a fee based on milage or time spent in Senica Nation? Either way, from my perspective, it would seem that the State of New York pays a fee for someone to drive on a road that starts out in good ol' U.S.A and straight into another sovereign country...Senica Nation - to me, this sign translates to the taxpayers of New York paying that "assessed fee".... strange....oh, and I am certainly not going to get into the fact that once you enter "Senica Nation", you are subject to their laws and jurisdiction....that little factoid is something nightmares are made of.

I really, really, really need to say that I find it appaling that the Senica Nation boasts that it is the only sovereign nation to "host" a U.S. city in its boundaries. I know what happened in Salamanca and what happened to the US citizens who lived there....it is atrocious...so much so that an entire book (one I highly recommend reading) was dedicated to the sixteen citizens who stood up and fought to protect their homes and businesses....their lives and livlihoods...and who were completely left unprotected by their own government....it is a travesty. A wonderful friend of mine is one of those sixteen people and to hear what this person and all the others went through to save their homes and businesses is nothing short of heartbreaking.....

Exerpt from Going to Pieces - The Dismantling of the United States of America - by Elaine Devary Willman -

Chapter Fifteen

The Salamanca Sixteen

In May of 1990, the Senica Nation refused to negotiate a new "Master Lease" with the City of Salamanca, a lease that would have protected individual home and business owners. Citizens were forced to negotiate with the Senicaa; however the tribe would not negotiate with individual citizens. This was the proverbial Catch-22, that forced citizens to accept a new, 40-year lease, at higher annual lease rates, and one that arguably transferred title of "improvements on the land" to the Seneca Nation of Indians.

On October 10, 1990...the House of Representatives approved a new lease arrangement, entitled the Seneca Nation Settlement Act of 1990 in which the SNI would be given $60 million dollars and the right to a new lease - not the old 99-year lease that ensured private ownership of "improvements" - a 40 year lease at substantially increased lease rates. The $60 million would be provided as follows: $25 million from the federal govenment; $25 million from the State of New York. Source of funds: US taxpayers.

.....The Tribe had required a lease fee of several thousand per month for Nancy's home and business. "I just couldn't pay that...so I lost everything." she said....


Looking at this picture as one enters Senica Nation, it really makes me wonder what would have happened if the Mashpee Wampanoag Tribe had gotten LIT ...their own sovereign land and their casino...and the ramifications it would have had on our community. I hear the Mashpee Wampanoag Tribe has new investors which makes me also wonder a lot of other things, but I will save those thoughts for another day. I still need to let this picture set in my mind.....

...and the sign said "everybody welcome, come in, kneel down and pray" but then they passed around a plate at the end of it all and I didn't have a penny to pay. So I got me a pen and paper and made up my own little sign. I said "Thank you Lord for thinking about me, I'm alive and doing fine."


- be the change you want to see in the world -

The Life of Brian

Did anyone catch the latest article in the Casino Chronicles? Will this guy ever just give it up? The infamous "factfinder" has struck again -- and missed. I can't help myself here. Seriously, I have been trying so hard to be good...but this guy really just hands it over on a silver platter....and poor Alice just eats it up. Brian really, really needs a reality check here.....really.

Brian P. Giovanoni, former chairman of Middleboro’s Casino Resort Advisory Committee, believes he’s found potential inaccuracies in Lynch’s report.
Giovanoni said one point is in direct contradiction to the tribe’s federal recognition, which found continuous tribal ties dating to first contact with European settlers.

Uuuummm....Brian.....did you even read the Tribe's Federal Recognition? I would have to say no after reading your comments. Here is a "fact" for you Factfinder....

The number of times Mashpee is mentioned in the Final Determination: 265
(this number does not include the footnotes or page headings)

The number of times Middleboro is mentioned in the Final Determination: 0
(this number does include the footnotes and page headings)

In case you don't understand Brian - or are learning math from a Tribal leader who actually thinks there are two LIT applications pending....Mashpee, 265.....Middleboro....BIG FAT ZEEERRRO. I hardly think not mentioning Middleboro in their federal recognition constitutes continuous tribal ties dating to first contact with European settlers - at least not in Middleboro. Sure, they may have had contact....but obviously not in Middleboro or they would have mentioned that. If you are still confused, please feel free to read all about what the federal recognition actually says about the Tribe's historical ties, here. Or, if you prefer, I would be ever so happy to send you a personal copy of it....you know...so you can add it to your thousands of pages of facts you have on the non-impacts to the environment a casino would have in Middleboro or the surrounding communities and how wonderful all of our lives would be if only that darned resort bingo hall could be built.

Lynch is also “saying this tribe has never asserted political authority over any residents within the town of Middleboro, which is untrue,” Giovanoni said. “There are voting members of the tribe living here today.”

Huh....now that is interesting, and probably quite true....but....just because there are Tribal members living in Middleboro now doesn't automatically mean they have political authority over residents within the town of Middleboro. That is like saying, the vote of a Middleboro resident who is a Mashpee tribal member is more important than, or more authoritative than the average joe living in Town. Jeesh....one would hope that isn't the case in Middleboro. Here is what the federal recognition said about politcial influence....in case ya missed it the last time I brought it up:

Political Influence:

".....political control of the town of Mashpee...."

"....evidence of the Mashpee's residental patterns...was also sufficient to demonstrate political influence..."

"....gave the Mashpee greater self-government by establishing an "Indian District" in Mashpee, Massachusetts..."

"....as part of an Indian District...the Mashpee gained complete control of political, legal and economic affairs in the town (of Mashpee)...."

"....Mashpee adapted the principal elements of the town governmental system...."

Yeah, I can totally see the connection to Middleboro, the political influence and all...or as Brian would call it....authority... because a few tribal members live in town. What in the world was Jim Lynch thinking???

Gosh...Brian must be feeling oh so confident and super-duper smart....a true factfinder...especially after what the Vice Chairman of the Mashpee Wampanoag Tribe, Aaron Tobey said....

Tobey said he hasn’t read the report complied by Lynch, but added, “if it’s accurate, it’s good to know now.”

Is it me....or shouldn't the Vice Chair of the Tribal Council already know if this is accurate or not??

Oh - and I bet this comment really got Brian's factfinding senses tingling.....

Tobey said Grabowski’s final report has yet to be released, but said that she has compiled “convincing evidence” the tribe has links to the land in Middleboro.

For the record, Christine Grabowski can write and re-write all the historical reports she wants for the Tribe....her final report is about two years too late. The only report that matters is the one submitted by the Tribe in their LIT application - the one Jim Lynch tears apart in his report. The Tribe cannot change their application so by all means let Ms. Grabowski write her final report. I look forward to reading it. And by all means Brian, continue to tell us all about the potential inaccuracies you find in Mr. Lynch's report....I love a good laugh.

The only potential inaccuracies this chick sees is, yet again, in another fly by night comment hand fed to the media by our friend Factfinder. Great job, Brian....I guess you can now add tribal historian to your endless list of expertise.

-be the change you want to see in the world-

Someday

This is for my dear friend Eddie...not Vedder, another Eddie. He is a wonderful person who has personally dealt with the disappointment with his own people, his own country...his own freedoms granted to him by birth....

please know my dear friend, with all that has happened, that this chick has not forgotten your plight and your cause. You have many, many friends behind you that believe in your cause, and believe in this country....and the idea that this country will stand behind you and help at some point, even when your own Senators and Legislators don't have the courtesy to give you the time of day. All of our voices shall be heard. We are patriots...we love our Country...even when it seems that the ones who are "running" it don't love us...or you. Freedom, equality and democracy for all who are born and live within these boarders....no more hiding behind sovereign nation status.

Someday.....the river shall open for the righteous. Until then, we will stand behind you.




Righteous; integrity, equity, justice, straightness—upright, just, straight, innocent, true, sincere. It is best understood as the product of upright, moral action in accordance with some form of divine plan.

Righteousness is a matter of relationships - with God, with things, and with other people.

- be the change you want to see in the world -

Think Pink

There was an interesting article in the Mashpee Enterprise regarding Cedric Cromwell's determination to hold onto the casino pipedream. Once again, Mashpee Wampanoag Tribe Chairman Cromwell opens mouth and inserts foot.

“Chairman Cromwell, please carry on,”

Carry on with what??? His temper tantrum over the SCOTUS decision?


Mr. Cromwell said the environmental impact statement for the casino in Middleborough and the planning for housing in Mashpee are going ahead as planned.

Go ahead....a completed EIS does not land-in-trust make.


Mr. Cromwell said the tribe’s leadership is planning on meeting with local and state officials in the near future, once the historical information has been compiled, to make their case in what he described as an “education” campaign.


Gee Mr. Cromwell....I hope you realize that you cannot contridict the historical information you already compiled and submitted with your application or you will have a lot of explaining to do....you may want to learn the rules of the game before you start "educating" people. If you don't, you may say something like this....


Mr. Cromwell said the tribe has a land deed agreed to by the colonial government and that the tribe was under federal jurisdiction as an Indian District in the 19th century. He said the tribe is also listed on a federal Department of War list dating back to the 1850s, though he said the tribe is still in the process of preparing its case and is not ready to release detailed information.


Sigh....okay, first of all....he is talking about the colonial government of the original 13 colonies...before the Federal government was formed. Second of all....I am not really sure how Mr. Cromwell can claim the tribe was under federal jurisdiction as an Indian District because the Indian District was formed by the State not the Federal Government. So again...if anything, the tribe was under state jurisdiction not federal.

Oh....and one more thing, Mr. Cromwell......




The Indians were under the Dept. of War until 1849 when the BIA was established in DOI.
All land belonging to State jurisdiction is in pink. See any tribes there? See any Mashpees there?
See any reservations there?

NO, NO and NO. Forget about it Mr. Cromwell, you either have no idea what you are talking about or you are a really great liar.

“Dreams are bad...when all they do is leave the truth behind...”

- be the change you want to see in the world -

Color Blind

In case you missed it, which I am sure you have not, Gladys has an excellent blog - Waiting to Exhale - that really puts today’s Enterprise article into perspective. I love how the enterprise article's title really grabs your attention….Despite setbacks?? I would hardly call the recent SCOTUS decision that takes the power (rightfully) from the Secretary of the Interior to place land into trust to Tribes recognized after 1934 back into the hands of Congress a mere setback. I mean, holy cow….what is it going to take to make the Mashpee Wampanoag Tribe understand that the casino pipedream is…well…a Dead Parrot. I nearly choked on my lunch today reading this article….really. Apparently Scott Ferson is not giving PR advice to the new Tribal Leader Cedric Cromwell. This really caught my attention…..

But Mashpee Wampanoag Tribal Council Chairman Cedric Cromwell said the Bureau of Indian Affairs has given his tribe the “green light” to continue with the process that began with its August 2007 application

Really??? Huh….thats kind of funny because a discussion with the BIA office left me with a completely different perspective….but that is neither here nor there. Here is the clincher quote for me:

The tribe contends that the court decision ruled it would take an act of Congress to take land into trust for tribes that were recognized after the 1934 Indian Reorganization Act. Cromwell said the tribe was under federal jurisdiction in the 1800s, and therefore not constrained by the decision.

“We were under federal jurisdiction as part of the 13 Colonies,” Cromwell said.

Oooookay….so sorry Mr. Cromwell, but the Tribe was not under Federal Jurisdiction as part of the original 13 colonies because the Federal Government did not have federal jurisdiction over the original thirteen since it didn't exist, and the Federal Government does not have federal jurisdiciton over States or their citizens unless specifically given that power under the articles of the United States Constitution. You must have missed that class in American History. The Tribe gained federal recognition in 2007 - of which the Tribe's own historical timeline shows.

As Gladys’ poster on her blog stated, the Tribe was, if anything, under State jurisdiction and if I remember correctly, the State decided way back in 1978 that it was not a Tribe…and that decision was upheld in an appeal in 1979.

January 1978: Following a 40-day trial, the judge instructs the jury that they cannot find the Wampanoag are a tribe, unless the tribe falls within certain definitions at six points in history.
The jury responds that the Mashpee Wampanoag were a tribe in 1834 and 1842 - but not 1790, 1869, 1870 and 1976. The dates correspond to key dates in the history of the tribe and its suit, such as the 1834 Mashpee District Act and the 1870 incorporation of Mashpee.

- 1978: Judge Skinner dismisses the land suit, saying that the Wampanoag are not a tribe and have no standing to sue.

- 1979: The First Circuit Court of Appeals upholds Skinner's decision. Later that year, the U.S. Supreme Court declines to hear the case.

- courtesy of the Cape Cod Times -

Yet still, the Tribe did manage to gain Federal Recognition and all the benefits that go with that recognition. Yet they had to push the envelope by teaming up with foreign casino developers and declaring their “right” to build a casino over 39 miles away from Mashpee - in Middleboro, MA under the guise of the IRA and under the exceptions listed in IGRA.

…and there was nothing we could do about it….it was inevitable….heck - even our own Governor, Deval Patrick, apparently bought into that fairytale…that or just pretended to so he could push his own casino bill. Shame on him, either way…

Aside from the fact that the Mashpee Wampanoag Tribe has no historical ties to Middleboro, they certainly did not fall under Federal Jurisdiction in the 1800’s. I mean, if they did, wouldn’t they have included that in their own timeline?

And the funny thing here is, the Mashpee Tribal Council Leader cannot seem to understand that even if the Tribe does go to Congress, and somehow manages to convince Congress that they were under federal jurisdiction in 1934, they still won’t have the land in Middleboro placed into trust because it is unconstitutional – it treads on the sovereignty of the State.

The fact of the matter here is that in the United States, there are two separate and distinct jurisdictions - the jurisdiction of the States within their own territorial boundaries and federal jurisdiction. Broadly speaking, state jurisdiction encompasses the legislative power to regulate, control and govern real and personal property, individuals and enterprises within the territorial boundaries of any given State while federal jurisdiction is extremely limited, with the same being exercised only in areas external to state legislative power and territory.

The original thirteen colonies were each separately established by charters from the English Crown. Each had its own governor, legislative assembly and courts, and each was governed separately and independently by the English Parliament until that dastardly tea was thrown in the harbor and the Declaration of Independence was born.

The Declaration of Independence made each new State a separate and independent sovereign over which there was no other government of superior power or jurisdiction. This was clearly shown in Harcourt v. Gaillard, where the Court stated:

"There was no territory within the United States that was claimed in any other right than that of some one of the confederated states; therefore, there could be no acquisition of territory made by the United States distinct from, or independent of some one of the states.
"Each declared itself sovereign and independent, according to the limits of its territory.
"[T]he soil and sovereignty within their acknowledged limits were as much theirs at the declaration of independence as at this hour."

So in a nutshell, on a hot July day in 1776, the new States possessed all sovereignty, power, and jurisdiction over all the soil and persons in their respective territorial limits.

This condition of supreme sovereignty of each State over all property and persons within the borders was expressed with the adoption of the Articles of Confederation. In Article II of that document, it was expressly stated:

"Article II. Each state retains its sovereignty, freedom, and independence, and every Power, Jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled."

The history of the confederation government clearly shows that each State was indeed sovereign and independent to the degree that it made the central government created by the confederation fairly ineffectual. These defects of the confederation government strained the relations between and among the States and the solution to the problem was through the calling of a constitutional convention…and the birth of our Constitution.

During the penning of our United States Constitution there was not any intention demonstrated for the States to surrender the jurisdiction each States possessed, at that time. As a matter of fact, the Constitution as finally drafted continued the same territorial jurisdiction of the States as existed under the Articles of Confederation.

Art. I, Sec. 8, Cl. 17 of the U.S. Constitution:

"To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings."

The reason for the inclusion of this clause in the Constitution was and is obvious. Under the Articles of Confederation, the States retained full and complete jurisdiction over lands and persons within their borders. The Congress under the Articles was merely a body which represented and acted as liaisons to the States for external issues, and had no jurisdiction within the States. It would seem in reading, that this clause was included in the Constitution to give jurisdiction to Congress over the Nation’s Capital, and such other places as Congress might purchase for forts, magazines, arsenals, and other needful buildings where the State ceded jurisdiction of such lands to the federal government, and it certainly does not include jurisdiction over non-ceded areas – those remain within the power of the States.

So what does this mean? Well, to me, it means that Congress cannot take land from the State of Massachusetts (or any other State for that matter) unless it is federal land. That, or if the State gives permission for Congress to take it. It would be unconstitutional.

I define jurisdiction as this: The authority to act.

So as I see it, according to the Constitution, if the government has jurisdiction, it has the power to act. If it does not have jurisdiction, it does not have the power to act. The geographic jurisdiction of the United States is very limited and well defined. Federal geographic jurisdiction is limited to those places where the Unites States is the sovereign – when it is federal owned land.

In the United States there are only two kinds of reserved federal lands that are well-known: military and Indian. An Indian Reservation is federal land reserved for a tribe when it relinquished its other land areas to the United States through treaties. Military reservations are managed by the Department of Defense. Examples include army posts, marine bases, naval stations, and air force bases, such as Otis Air Force Base. I bring this up because the last thing I want to be reading is that one of the Mashpee Wampanoag Tribal leaders being quoted that there is Federal reserve land right on the Cape that Congress could potentially take into trust for them. The truth of the matter is, yes, Otis Air Base is federal land….but the other truth of the matter is Otis is still quite active, serving as the Massachusetts Military Reservation (MMR) and it also sits on a sole source aquifer, which is Federally protected.

Massachusetts Military Reservation (MMR), a military training facility, is located on the upper western portion of Cape Cod, immediately south of the Cape Cod Canal in Barnstable County, Massachusetts. It includes parts of the towns of Bourne, Mashpee, and Sandwich and abuts the town of Falmouth. MMR covers about 22,000 acres—approximately 30 square miles.

The Massachusetts Military Reservation is located over a sole source aquifer that provides drinking water for 200,000 year-round and 500,000 seasonal residents of Cape Cod. The aquifer, referred to as the Sagamore Lens, is a valuable water supply resource. – MMR website

So, in this chick’s eyes….the BIA can give all the “green lights” it wants to give, and the Mashpee Tribe can continue to insist they were under federal jurisdiction in 1934, it doesn’t matter. The BIA has no authority over the application - the best they can do is send it to the SOI, who can't do anything about it either. There will be no Mashpee Tribal casino built on sovereign land in Middleboro because the Supreme Court and the Constitution of the United States says so. The decision does apply to the Mashpee Tribe, much as the new section 20 regulations applied to them also. No grandfathering….no name on the list…..no land in Massachusetts for Congress to give….no Land in Trust…no casino…no green light. Heck, there isn’t even a dilemma zone here. I am afraid that Mr. Cromwell might be a bit color blind. The only light glaring on this entire casino pipedream is the color red.

While the Mashpee leadership contends the tribe is exempt from the ruling, Joseph S. Larisa, Jr., the assistant solicitor for Indian Affairs for the town of Charlestown, R.I., disagrees. Larisa, who handled the Rhode Island case that made it to the Supreme Court, said the Mashpee were not on the 1934 list of tribes under federal jurisdiction.

“The decision applies to the Mashpee, the same way it applies to the Narragansett. They don’t have the right to strip state and town jurisdiction (from the land),” Larisa said.

- be the change you want to see in the world -