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dicta and descidsion 2

July 3 2008 at 2:55 AM
  (Login xivhands)
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Response to Question

I also wanted to respond to the treaty issue.
" This Court sees no reason why the Cherokee Nation must be bound by a treaty until the end of time, particularly when that treaty has been broken by the other sovereign."
The Cherokee Nation of Oklahoma can remove themselves from any Treaty obligation they choose. Again, the other party to the treaty may be relieved that you let them off the hook, or they may consider it a grevious insult. No predicting until you do it.
The treaty, like the discussion about Cherokee slavery is mainly important in establishing a valid historical foundation for the Freedmen Descendants claim of citizenship rights. The "historical narratives' probably hold more legal weight than the actual treaty itself.
Allen L. Lee

 
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