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Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by kelnos on Thursday July 09, 2020 @09:45PM (#23787318)
Well, yes, but that's just a fact of legislation. There are no "promises"; there are just laws that are easy or hard to change. If we were to amend the constitution to set aside land for native peoples, then that's probably the closest we can get to a promise, as that's probably the hardest kind of law to change -- but it's still not a promise, because it can be changed.

Sure, Congressional legislation could take away that land. That would be a lousy thing for them to do. Unfortunately since I doubt Native American groups are a big enough voting bloc, the only thing that would stop Congress from doing that would be enough negative public opinion from people who are not Native American. Hopefully there are enough people of that sort.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by ponker on Friday July 10, 2020 @01:15AM (#23788374)
The Russian Duma could revoke the sale of Alaska to the United States and declare that they still own it. What stops them from doing so? The fact that the US military would stop them from trying to repossess the land.

The "promise" to the Creek isn't worth the paper it's written on because they don't have enough military might to enforce the terms of the agreement. The US operates with them as it does with every one else, on the principle of "might makes right."

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by landryraccoon on Friday July 10, 2020 @01:38PM (#23794096)
> The "promise" to the Creek isn't worth the paper it's written on because they don't have enough military might to enforce the terms of the agreement.

This is patently false, because the Supreme Court has ruled that the promise is enforceable.

> The US operates with them as it does with every one else, on the principle of "might makes right."

This is also completely false. Does the military answer to the President of the US because "might makes right"? Can Trump overpower any enlisted man in the military with a gun? The military obeys the Constitution because they swore an oath to do so, not because the generals have literal guns to their heads.

Culture and rule of law matter. The statement "might makes right" is a gross oversimplification that doesn't reflect our reality at all.

Re:U.S. Supreme Court deems half of Oklahoma a Native Americ... by ponker on Friday July 10, 2020 @08:45PM (#23798343)
The Supreme Court has merely ruled that Congress must first tear up the paper before violating the promise written on it.