1936 Constitution Article 1- Territory
The jurisdiction of the Oglala Sioux Tribe of Indians shall extend to the territory within the original confines of the Pine Ridge Indian Reservation boundaries, as defined hereafter added thereto under any law of the United States except as may be otherwise provided by law for unrestricted lands. To regulate the inheritance of property, real and personal, other than allotted lands, within the territory of the Pine Ridge Indian Reservation.
Sentences- 2 Words- 70
Article 1 Analysis
The first sentence of Article 1 of the 1936 constitution clearly denies any jurisdiction in the original confines of the Oglala Sioux Tribe by the Oglala Sioux people. The sentence establishes that Indian government has no jurisdictional concern or enforcement over other nationalities or races of people that are either passing through or living within the Pine Ridge Indian Reservation boundaries. And this includes Indian persons that feel there rights were violated and could then use the United Sates laws and courts which provided a method to avoid prosecution of established ordinances of the tribe. The sentence has internal implications to be of a discriminatory infliction with intent upon the Oglala Sioux Tribe and its people by the United States Government and lower bureaucratic agents. A legal case filed at the Federal level by any citizen of the Oglala Sioux Tribe would soon disclose any and all discriminatory implications in the very first sentence of this constitutional Article 1.
Any united nation, which promotes itself as a government of the people, based on the will of the sovereign must have the ability to enforce legislation and acts of jurisprudence upon citizens of either national or international status. The tribal government has no authority over visiting or residing individuals within the territory of exterior boundaries of said nation. There is a process in international law that provides protection by immunity from prosecution through binding agreements between nations. These agreements are initiated between nations that wish to avoid the embarrassment of prosecution of its agents for criminal offences while in the territory of other nations.
Continuation of that sentence is that the Pine Ridge Indian reservation is subject to interpretation of its sovereignty by the United States Government or its delegated agencies or departments of authority. And it specifically states “Any laws of the United States accept as may be otherwise provided by law for unrestricted lands”. An examination of that entire sentence says that Indian government has absolutely no authority to regulate jurisprudence, legislation, or laws of tribal government without the approval and over sight of United States federal legislation or the opinions of a department or lower agency of the United States. This negates any and all sovereignty of Oglala people and places the tribe under the domestic relationship of the US Government.
The compartmental oversight of the United States into the daily governmental life of the Oglala Sioux Tribe was not foreseen by the voters in the 1934 constitutional election. In fact Shannon County Newspaper at the time was advertising the right of National sovereignty which is now clearly seen as domination of a people. (See Example)
This domestication of our culture and nationhood was never understood or in any way sanctioned by the people at the time of its adoption. The imprisonment of many Lakota’s would never been the intent of the signers of any treaties entered into by ancestors of the Oglala Lakota people. Before any treaties or constitutions the Oglala’s were a nation of land and had always been so. The Act of 1934 simply gave verification that a nation was present and that legal recognition was accepted and promoted by the United States in the dealings and treaties with the Oglala Nation. It’s also a legal position that the signatory relationship was a nation to nation act of diplomacy with international foundations. (See Article 6 of the United States Constitution)
The next sentence (sentence 2) says that the Oglala Sioux Tribe has the authority to regulate the inheritance of allotted lands within the territory. Because of the negation of sovereign rights and the authority to regulate self-government of Indian people in the previous sentence, this is not possible. The sentence states that we have no legal right to govern our lives, without the expressed permission of the United States government or a manager of a government office or agency. The Oglala Sioux People does not possess or have any legal right to sovereign authority of self-government except under federal legislation or with the parental consent of the United States or of a manager of a government office or agency.
Lakota Nations does not have the right to govern or regulate our national concerns. Lakota’s have only limited right to jurisdiction or concerns that effect human relationship between tribal members and their government. Lakota’s do not have the right to self-government.
The entire 1936 constitution negates in totality the right to self government. We are like domestic children who have never, and will never be allowed to conduct our own sovereign national affairs if we refuse by referdum suffrage to change the current constitution. History reveals that all American Indians have always been sovereign to conduct national and international affairs between themselves, other tribes, and foreign nations. The practice of self-government had been ongoing for thousands of years and in 1936 the Oglala Sioux Tribe Constitution brought Lakota self determination to an end.
The 1936 constitution declares we have the right to self-government, when in reality; it is a fabricated lie devised by legal teams of the United States Government and agents for Indian nations that wrote this document. For each national, social, or district concern we have had to turn and ask the United States for permission to govern our lives as a sovereign people. To ask for permission means that we are not a sovereign nation or people. The time has come after seven generations that the spirits lets us know “we have to face the truth.”
Perposed Constitution (OLTN)
Oglala Lakota Treaty Nation Article 1- Territory
The jurisdiction of the Oglala Lakota Treaty Nation shall extend to the territory within the original confines of the Pine Ridge Indian Reservation boundaries. Also, to regulate commerce and other internal jurisdictional matters within the Pine Ridge Indian Reservation, that either currently exist or may exist, between (9) Nine Sovereign District Governments. Legislative powers shall be enacted from the bodies of the Oglala Lakota Treaty Nation Tribal Council and the Oglala Lakota Treaty Nation District Council.
Sentences- 3 Words-82
Article 1 Analysis
The first sentence of the Treaty Nation defines that the Oglala Lakota Treaty Nation has total jurisdiction within the boundaries of the Pine Ridge Indian Reservation. It is a non-discriminatory statement and says that If any person commits a crime in our Nation the sovereign people will have a say to jurisdictional resolution. That one sentence encompasses all races, all nationalities, all genders, that comprise residence, either passing through or residing in our nation. And in no way does that sentence say that we are going to ask other people, other countries, other nations, for their permission or approval for their jurisdictional processes. In other words if you are passing through or living in our nation you are subject to our laws.
Sentence number 2 concerns that our national treaty government has the right, authority, and power to regulate commerce and jurisdiction between districts within the territory. Again this sentence reinforces the idea that our nation is truly comprised of the people and districts and is indivisible. This indivisible clause of the Treaty ensures that no single district or group of districts can walk away and declare themselves independent and free of the Oglala Sioux Nation. We as a nation enter into the Treaty to ensure and protect the right of all sovereign people and their can be no walking away or turning our back on our posterity. Nor should any group district or group of districts want to cause a civil war within our nation by using violence, succession, without using the appropriate process that our government provides that solves disagreement, differences, and problems, somewhere in this treaty is an avenue for resolution of conflict for the sovereign.
The last sentence in Article 1 states that all laws must be approved and enacted by the tribal council, that represents the people, and the district council that represents the districts. This phase of our government for the first time brings together the voice of the sovereign people and the voice of district government. This structure forces the people and the districts to work together to make any legislative action a true voice of all Lakota’s that live, work and do business in the boundaries of our nation. The history of tribal council as the sole authority has demonstrated that all matters of concern that we face as a nation cannot be efficiently legislated by a small group of individuals that represents only the sovereign people. In many cases it has been doubtful that the council speaks for the people. It is common to hear the council represents family, friends and the few voters that gave them authority.
Individual districts have issues of business, land and law issues that pertain to the district only. When the district council meets to discuss any issue or matter of concern the representative should have the voice and the power to speak freely and address the specific impact to their district and the people that reside within.