I start this one with more strict and loose constructionist principles. Going to do reminders each week until you pass your test.
Strict Constructionist – Literal and narrow reading (interpretation) of the document that limits the powers of the federal government to what it provides.
Loose Constructionist – Views it as a “living document” that is interpreted broadly that adapts to society as it evolves and its needs change..
First, I covered the two primary views of the Constitution and laws in general in our country. Next I covered the views throughout Christianity from the same perspectives using the ruling authority, the Bible. Today I will cover their Constitutional application with treaties, which means we return to federal documents and powers.
Wut? Yes, treaties. Since we are in the era of taking on government efficiency, why not?
😂
That statement may have gone over any a head reading this. You will learn why I said it later.
By reviewing this I hope you will see that very few treaties have been interpreted in a strict constructionist sense unless it is useful to do so by those in or seeking power. The rest of the time they are interpreted as loose as a goose’s diarrhetic bowel movement.
Sorry for that word image, but it was the most descriptive I could come up with to match a loose constructionist view of treaties, well, in about everything they did in federal government before PDT hit the scene.
Today’s scripture will stay with the nasty descriptive theme since I already went “there”. It comes from Proverbs 26:11,
Like a dog that returns to its vomit,
So is a fool who repeats his foolishness. (NASB)
We should heed that warning as a nation and quit believing we can do things opposed to God’s way and get away with it. We continue to exist because God wills us to exist. Turn from evil, do what is good in His sight.
Treaties
The definition of a treaty that I am referencing in this post with an assist from Merriam Webster follows,
An agreement or arrangement made by negotiation
See, that wasn’t hard. In this context it is a contract in writing between two or more political authorities (such as states or sovereigns) formally signed by representatives duly authorized and usually ratified by the lawmaking authority of the state.
It will probably be best for us to initially stick with American domestic treaties or else we will be here for awhile. So lets drill down on those relating to Pocahontas Warren’s kinfolk since they have been back in the news.
Native American Indian Treaties
How many treaties (contractual agreements) with native Indians are there? When were these agreements first violated by American governments?
There have been around 370 of them. We do not know how many were violated; we just know that a lot were and it started immediately per historical accounts. Most of the violations were never addressed and remedied. We also know the vast majority of the treaties were related to lands the native Americans held and were given in the original treaty agreements. Add in we know the SCOTUS has consistently ruled in favor of treaty provisions being honored through the years. And finally, we know that rarely has that latter point actually happened and been enforced, at least not long term.
So, which do you think that reflects, strict or loose constructionist approaches? Yup, loose in real life application while being strict at the SCOTUS level decisions. See how that works? Those in power on the ground basically do what they want until called out on it through the judiciary and the issues eventually make it to SCOTUS. If the ruling works in the powers that be’s favor they will be strict in their actions going forward, making it more difficult to over turn. If it works better to be loose, they keep doing the dirty anyway, at least until they cannot any longer. If there are no triggers to insure the activity in question stops or is changed after the highest court/SCOTUS ruling – they keep doing it like they did in the examples above with our native Indian population.
Let’s face it, the only real reason they made treaties was to root them off land, to stop or slow down the violence against settlers, and to pretend they were being legal until the government had sufficient military to handle any future resistance. They obviously had no intention of honoring treaties as written long term. They thought they could eventually interest the native Indians into assimilating into society. Over time the poverty they induced into reservations became a drain on resources. That also was intentional as they hoped many would leave and then assimilate. Over time they also found that they had uses for some of the natives’ land that was unanticipated when the treaties were first signed.
As the laws became more defined and case law took root, it became more difficult to outright take away the lands and relocate the tribes. Instead, they began corrupting tribal leadership, who then made deals to lease land to corporate and government interests. Sometimes a small amount of cash flow would come to tribal members, but never commiserate with what the lessors and corrupted leaders generated. Most times the non-leader tribal members received nothing. This left them as destitute and powerless as ever. Using corruption helped the government and businesses give the appearance it was all in compliance with established law and the treaties without actually being so. Loose constructionism combined with corruption won despite strict constructionist rulings from the judiciary as to treaty intent and administrative expectations.
As you might surmise, the Bureau of Indian Affairs has been completely corrupt for two centuries. It was intended and established to be that way. It was lipstick on the pig by the Secretary of War Calhoun of that day when it first was introduced. The following archived article accurately described how it exists in more current times.
As a result is it any wonder it ended up being placed under the purview of DOGE recently? From earlier this year,
#47 misses very little.
The current official status between BIA and DOGE is that BIA is undergoing a thorough review of their operations, finances and policies. Once complete, #47’s admin will make a decision on what happens next. However, in this guy’s world you are either a citizen or not. There should be no protected classes of citizens and should not have been two centuries ago. The nasty BIA needs to be disbanded with the land and business ownership concerns of tribes being mediated and brought into compliance with everybody and everything else in this country.
Which may be one good reason why #47 vetoed this very recently.
As well he should have.
Native Indian Music & Movie Corner
Some of the real thing,
Country folks singing about them are more my style
Warning of graphic violence on the next one. Not many who saw this film will ever forget it. Perhaps a reminder of the real world in those days? You decide.
Maybe it is good those days are over.
Conclusion
This is just one element of American society that has historically been a pit of corruption, but allowed to exist because nobody really wanted to deal with it as well as because there was so much loot and business opportunities exchanging hands between criminals. Their aim was to keep the gravy train going. But #47 knows about it and eventually it will be addressed.
For what it is worth, you probably can guess how most native Indians vote. Yup, Dem. In the last election it was 57% for Harris and 39% for #47. Among their number the criminals and those who exist on government hand outs always vote Democrat. Those who seek to build lives for themselves and families in the American way without handouts tend to vote GOP. It is really that simple and it also seems simple that we should give all a path toward achieving the American Dream by working like the rest of us and cut out the graft, theft, bail outs and special treatment. Time for all of the little birdies to fly away from the nest.
It is two centuries past time for native American Indians to assimilate into American society and for the BIA to be exterminated like the rats nest it is. Level the playing field with all protected classes and remove the special privileges. The accommodation period in America should have long been ended; it is the corrupt, greedy politicians who have kept it alive. Native American Indian tribe ancestors were a conquered people, just like loyalist British. The African and Irish slaves were freed. Indentured servanthood no longer exists. Claims for reparations and special treatment for native Indian citizens today are bullshiz just like they are for ancestors of African and Irish slaves. Reservations are current versions of Democrat plantations of old.
The Declaration of Independence is clear;
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
That is the guiding doctrine and law of our land. Time for all citizens to act like it and the non-citizens granted legal permission to reside here to act like it.
Remember Wolf’s site rules. Note and label all AI. Please be kind to one another, we are all in this together. May God richly bless America and all of you.
Trust Trump and the plan.
