The Indians do not claim their right to safe drinking water as U.S. citizens, but as human beings.
Listen to the podcast of Thorne Dreyer’s September 23, 2016 Rag Radio interview with Steve Russell and Geronimo Son about the Native American protests against the Dakota Access Pipeline, here:
Briefcase warriors who start out meaning to defend their people quickly discover the practical meaning of a lawyer Latin phrase, sui generis. It’s a fancy way to describe a class of one, and it’s the only way to make sense of federal Indian law.
U.S. law everywhere but Louisiana is rooted in the English common law. Historians pretend that the modern nation-state came to be in the Treaty of Westphalia in 1648. If that pretense were true, the elevation of secular law over canon law would date from that time. Some other fake dates for the common law are 1066, when William the Bastard became William the Conqueror by completing the Norman conquest of England and reshuffling the feudal land titles at the base of the law, and 1215, when King John was forced to sign the Magna Carta and admit that the power of kings is not absolute.
Continue reading