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JudgmentBuy Article:

Tribal Courts - Judgment Enforcement

By Dr. William Sassman, M.Div, Ph.D.
DrSassman@gmail.com

(Guale, Yamassee, Comanche, Mechica, Creek, Seminole, Shushini, Akaiachak of Alaska, Mennefer Tanasi, Xi Anu Washitaw et al.)

Full faith and credit shall be extended to tribal court judgments and protection orders vide 28 United States Code Section 1738 and 18 United States Code Section 2265, respectively. The question of whether a tribe is a federally recognized tribe, a treaty tribe, or a tribe with no treaty and with no federal recognition shall gain no traction in God's Law, Ancient Tribal Codes and Natural Law.

Tribes have inherent sovereignty predating European contact acknowledged, recognized and approved by the Papal Bull Sublimus Deus of 1537; the Royal Proclamation of 1763; the Northwest Ordinance of 1787; Article 1, section 8, clause 3 - the Indian Commerce Clause, U.S. Constitution; and all statures and federal court decisions that are not inconsistent with God's Law, Ancient Tribal Codes and Natural Law.Proof of Indian ancestry or evidence of Indian adoption (25 United States Code, Section 372a) shall suffice to consider any person as an enrolled tribal member of any tribe.

Money judgments shall be sent to the Tribal Collections Lawyers for swift closure and conclusion with 90 days of award of such judgments.Money judgments may also be sent overseas for collection under existing treaty law with some nation-states which shall invoke the Uniform Foreign Money-Judgments Recognition Act of 1963 to enforce their judgments from an overseas bank.Nontribal governments, agencies, instrumentalities, corporations, societies, non-government organizations (NGOs) are advised to be fully cognizant of federal Indian law as memorialized in Felix S. Cohen's Handbook of Federal Indian law.Appeals from all tribal court judgments shall be reviewed by the Tribal Council of Elders.These Rules will undergo changes as and when applicable or necessary.

RECIPROCITY OF NON-TRIBAL COURT ORDERS, JUDGMENTS AND DECREES

Tribal courts may render reciprocity for orders, decrees and judgments from non-tribal courts on a case-by-case basis if one of the parties is an enrolled tribal member; Due diligence shall be performed by tribal courts to ascertain, examine and determine if natural law, the maxims of equity, tribal law or federal Indian law are being compromised, or at variance with settled and consecrated legal principles that defines tribes and tribal members; Tribal governments wish to live in peace and harmony with their non-tribal neighbors per treaty law, and every effort shall be expended to accommodate non-tribal orders, decrees and judgments in the interests of justice, order and law.

Tribal courts and non-tribal courts shall endeavor to find solutions and remedies to cross-jurisdictional issues based on treaty law and international law in the event federal Indian law or federal common law are in conflict with settled law germane to ancient tribal codes, natural law and tribal law.

BIBLIOGRAPHY:

Indian Land Cession in the United States - by Charles C. Royce

Genocide-at-Law: A Historic and Contemporary View of the Native American Experience, 34 U.Kan.L.Rev.713 (1986)

A Bibliographic Guide to the History of Indian-White Relationship in the United States (Univ. Chi. Press 1977) - by Francis Paul Prucha

A History of the Indians of the United States (Univ. Okla. Press, 1970) by Angie Debo

Sources of American Indian Law, Panel, 67 Law Libr. J. 494 (1974)

Chronology of Native American History: from Pre-Columbian Times to the Present (Duane Champagne ed., Gale Research, Inc. 1994)

Timelines of Native American History: Through the Centuries with Mother Earth and Father Sky (A Pergee Book 1997) by Susan Hazen-Hammond

In the Hands of the Great Spirit: The 20,000 Year History of American Indians (Free Press 2003) by Jake Page

Early American Indian Documents, Treaties and Laws, 1607-1789 (Alden T. Vaughan & Deborah A. Rosen eds., Univ. Publications 1998).

Indian Affairs: Laws & Treaties (Charles J. Kappler ed. GPO 1904-1941) (5 Vols.)

Indian Law and the Reach of History, 4 J. Contemporary L. 1, 1-13 (1977-1978) by Vine Deloria Jr.,

Indian Law and Policy: A Historian's Viewpoint, 54 Wash. L. Rev. 475 (1979)

Original Indian Title, 32 Minn.L.Rev.28, 46 (1947)

The Spanish Origin of Indian Rights in the Law of the United States, 31 Geo. L.J. 1, 1-2 (1942)

The American Indian in Western Legal Thought: The Discourses of Conquest 13 (Oxforrd Univ. Press. 1990) by Robert A. Williams, Jr.

De Indis et de Iure Belli Relectiones 115-128 (Ernest Nys ed., J. Bate trans., Carnegie Institution 1917) (orig. ed. 1557), by Franciscus de Victoria

The Laws of Burgos of 1512-1513: Rights of Native Inhabitants in the Western Hemisphere (L. Simpson trans., John Howell Books, 1960)

They Came Here First 122 (Harper & Row rev. ed. 1975) by D'Arcy McNickle

In Defense of the Indians (S. Poole trans., N. Ill. Univ. Press 1975) by Bartolome de Casas

Hugo Grotius, The Law of War & Peace 397 (Classics of International Law ed. 1925) (Francis W. Kelsey, trans., 1946 ed.) quoted in S. James Anaya, Indigenous Peoples in International Law 12 (Oxford Univ. Press 1996)

Emmerich de Vattel, The Law of Nations, or the Principles of Natural Law 116 (Classics of International Law 1916) (Charles G. Fenwick trans. Of 1758 ed.

Red Man's Land/White Man's Law 29 (Charles Scribner's Sons 1971) by Wilcomb Washburn

Dutch Treatment of the American Indian, With Particular Reference to New Netherland, in Attitudes of Colonial Powers Toward the American Indian 47 (H. Peckham & C. Gibson eds., Univ. Utah Press 1969)

Puritan Justice and the Indian: White Man's Law in Massachusetts 1630-1763 at 50 (Wesleyan Univ. 1986)

The Dark Side of Efficiency: Johnson v. M'Intosh and the Expropriation of American Indian Lands, 148 U. Pa. L. Rev. 1065, 1077 (2000).

Power Over this Unfortunate Race: Race, Power and Indian Law in United States. Rogers, 45 Wm. & Mary L. Rev. 1957, 2026, 2029 (2004)

At the Whim of the Sovereign: Aboriginal Title Reconsidered, 31 Hastings L.J. 1215, 1224-1225 (1980)


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