> In February 2005, the Mohawk Nation Council of Chiefs (a traditional Haudenosaunee government), the St. Regis Mohawk Tribe , and the Mohawk Council of Akwesasne signed an agreement with Governor George Pataki to resolve their historic claim to lands in Northern New York.
> Represented by the Indian Law Resource Center, the Mohawk Nation Council of Chiefs approved the agreement only after years of vigorous advocacy to ensure that the deal adequately protected the interests of their community and of future generations of Mohawks. “Through a lot of hard work at home and at the negotiating table, the Council of Chiefs has forged an agreement they can be very proud of,” said Indian Law Resource Center attorney Alex Page.
> The settlement agreement resolves legal claims first filed in federal court nearly twenty-five years ago. Those claims site repeated violations of a federal treaty confirming Mohawk land rights. Under the settlement, the Mohawks will receive lands and monetary compensation, as well as the opportunity to further expand their territory through purchases from willing sellers. The agreement does not include casinos or taxation, two issues the Mohawks successfully fought to keep separate from the land claim.
But near the end, I see this:
> Although legislation implementing the settlement passed the New York Assembly in 2005, the State Senate was not able to vote on the measure. We hope to see such legislation passed in the near future.
So maybe it's still in limbo.
Edit: From ciabattabread's comment, I gather that it remains unresolved.[1]
The Supreme Court is essentially forcing Congress to take a stance.
People might have their legal doctrines, but it’s rarely as clearcut as you lay out and all the justices can only at most be “problematic faves”
You seem to be using it to mean “to a point limited sharply by his policy preferences”, which is pretty much the opposite.
Anyone can claim anything they want.
What is relevant here, and why this case was decided the way it was, is that the federal government and the tribe entered into a legally binding, clear contract.
Lands east of the Mississippi in exchange for a large piece of what is now Oklahoma, in perpetuity.
And Congress never explicitly reneged on that contract. Ergo, it still stands.
Should the Mohawk produce a similarly ironclad agreement regarding New York, they would then have a claim.