REMINDER:
The Jurisprudence of Oppression
"Nonjusticiable"
The Jurisprudence of Oppression
Essential Question 1) Why now does the Anglo-American
settler state judicial system have the imperative need to reinforce the patriarchal
tradition of Anglo-American colonial jurisprudence by stacking the Supreme
Court with appointees from the extreme RIGHT wing? And in reality, in justice -
are the Original Nations of Indigenous Peoples of the Great Turtle Island Abya
Yala to expect relief from the crime of 526 years of European American
colonization from the jurists who are LEFT?
REMINDER:
It was the so-called liberal Justice R.B. Ginsberg that delivered the US Supreme Court decision in 2005 affirming the racist, nefarious, legaloid underpinnnings of the United States claims for dominion and jurisdiction over territories acquired by force of ILLEGAL colonization under the Doctrine of Discovery of Christendom beginning October 12, 1492. (Including Hawaii, Alaska, and Puerto Rico.)
REMINDER:
It was the so-called liberal Justice R.B. Ginsberg that delivered the US Supreme Court decision in 2005 affirming the racist, nefarious, legaloid underpinnnings of the United States claims for dominion and jurisdiction over territories acquired by force of ILLEGAL colonization under the Doctrine of Discovery of Christendom beginning October 12, 1492. (Including Hawaii, Alaska, and Puerto Rico.)
Essential Question 2) It is called an experiment, an experiment in democracy. The implicit theory in the experiment is the power of the Peoples for self governance, for government to act only with the CONSENT of the governed.
Any experiment requires an objective assertion of values to the elements of the experience. No experiment can be conducted that does not also, simultaneously, acquire and become imbued by the hue of the observer of the experiment, therefore the experience and the sum of histories.
Has the time come for the Euro-American societies of colonizer settler state constituencies to realize that the first victim of the systemic dehumanization of colonization is the colonizers themselves?
O, say! Can they see that the Master's Narrative of the experience of the experiment in American Democracy is being conducted with false values at its core, with dehumanizing patriarchy as its power, with the Fake Narrative of White Supremacy perpetrating a child abuse culture as its inter-generational curse, as its base?
Any experiment requires an objective assertion of values to the elements of the experience. No experiment can be conducted that does not also, simultaneously, acquire and become imbued by the hue of the observer of the experiment, therefore the experience and the sum of histories.
Has the time come for the Euro-American societies of colonizer settler state constituencies to realize that the first victim of the systemic dehumanization of colonization is the colonizers themselves?
O, say! Can they see that the Master's Narrative of the experience of the experiment in American Democracy is being conducted with false values at its core, with dehumanizing patriarchy as its power, with the Fake Narrative of White Supremacy perpetrating a child abuse culture as its inter-generational curse, as its base?
 |
| Abya Yala |
Essential Quest:
Humanity is at the crossroads of climate chaos. The global climate chaos scenario today is the
byproduct of the internal Cultural Climate Chaos among the beings who are still
striving to be Human. We as Original
Nations of Indigenous Peoples of Mother Earth have the longest story, the most
ancient memories, the Creation Stories that give legend to the journey and
purpose to the ecology of humanity since time immortal.
Will the "White" "persons"
codified in the US legaloid settler state system of jurisprudence find their
way back to being beings of the KINDOMS of Mother Earth, or will they stay on
board to the end as deckhands of the ships of state carrying the KINGDOMS of Patriarchy, aboard the death
ship of the colonizer's titanic Nightmare of Manifest Destiny, lost on the Black Sea of the
Doctrine of Discovery of Christendom heading towards the scene of the crime of TERRACIDE?
This is the law: We have the right to be Human. In this "WE" there is no "they".
This is the law: We have the right to be Human. In this "WE" there is no "they".
HUMANITY: Not a question, a QUEST.
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Delaware Nation v. Pennsylvania (2004)
Delaware Nation v. Pennsylvania (2004)
The court held that the justness of the extinguishment of aboriginal title is nonjusticiable, including in the case of fraud.
More recently (in 2005), United States Supreme Court in City of
Sherrill v Oneida Indian Nation of New York decided against the Oneida.
In the decision, Justice Ruth Bader Ginsburg cited the Discovery
Doctrine:
“Under the ‘doctrine of discovery,’ fee title to the lands occupied by the Indians when the colonists arrived became vested in the sovereign-first the discovering European nation and later the original States and the United States.”
Framework of Dominance
United Nations Preliminary Study on the Impact of the Doctrine of Discovery
This preliminary study establishes that the Doctrine of Discovery has been institutionalized in law and policy, on national and international levels, and lies at the root of the violations of indigenous peoples’ human rights, both individual and collective. This has resulted in State claims to and the mass appropriation of the lands, territories and resources of indigenous peoples. Both the Doctrine of Discovery and a holistic structure that we term the Framework of Dominance have resulted in centuries of virtually unlimited resource extraction from the traditional territories of indigenous peoples. This, in turn, has resulted in the dispossession and impoverishment of indigenous peoples, and the host of problems that they face today on a daily basis.
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TONATIERRA
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