Eighth Circuit Rejects Challenge to Federal Prosecution Based on 1868 Treaty of Fort Laramie

Here is the opinion in United States v. Jacobs: United States v. Jacobs CA8 Opinion.

The court’s syllabus:

Argument that the government’s failure to comply with the provisions of the Fort Laramie Treaty deprived the district court of criminal jurisdiction rejected; even if Articles I and V of the treaty could reasonably be construed as establishing a jurisdictional requirement at the time the Treaty was executed, Congress’s subsequent grant of citizenship to the Indians makes them subject to all restrictions to which any citizen is subject and is evidence of a clear indication to abrogate any contrary treaty provisions.

And the briefs are here.

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2 Responses to Eighth Circuit Rejects Challenge to Federal Prosecution Based on 1868 Treaty of Fort Laramie

  1. The l868 Treaty with the Lakota Nation negotiated U.S. Citizenship based on
    relationship to the land but it also acknowledged dual citizenship; that of
    being Lakota. Lakota possess dual citizenship. The legislation in l87l by the
    Congress of the United States to abrogate the act of making treaties states
    clearly, that the provisions of the treaty remain continuing rights under the
    treaty. The Major Crimes Act is one of three human rights violations perpetu-
    ated against the lakota. The U.S. Court in Cedar Rapids, Iowa validated the
    l868 Treaty in the l970’s. This Eighth Circuit Decision must be appealed.

  2. Pingback: Federal Court Rejects Double Jeopardy-Related Habeas Petition from Prisoner Previously Convicted in Tribal Court | Turtle Talk

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