A Federal Judge Meddles in Indian Affairs

by: the Common Constitutionalist

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On Wednesday, August 30, a U.S. District Judge ruled that the descendants of black slaves once owned by Cherokee Indians could legally become citizens of the Cherokee Nation.

This is just another of a long and growing list of judicial usurpations. This lower court justice, Thomas Hogan, Judge of the United States District Court for the District of Columbia, has no business sticking his nose in this case.

“Descendants of black slaves, known as freedmen, who once were owned by members of the Cherokee Nation have a right to tribal citizenship under a ruling handed down by a federal court in Washington, D.C.,” writes the AP. “The Cherokee Nation can continue to define itself as it sees fit,” Hogan wrote in the ruling, “but must do so equally and evenhandedly with respect to native Cherokees and the descendants of Cherokee Freedmen.”

Well, evidently it cannot “define itself as it sees fit.” It can define itself as a hack judge determines it must.

The Constitution is quite clear that is the sole authority of the United States Congress alone, “To regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes…” (Article I, Section 8, Clause 3)

Yet the Constitution no longer seems to be the barrier it was designed to be against government intrusion and the overreach of activist Judges – especially old white judges. read more