« Followup - US Attorney Diane Humetewa resigns before replacement | Main | Followup - Fort Sill Apache Tribe fights for New Mexico casino »

July 30, 2009

Can you lose an individual treaty right because of a felony conviction?

The Tenth Circuit says that you can - The 1868 treaty between the Navajo Nation and the US guarantees the individual rights of tribal members to hunt.  BUT, says the Circuit Court, that runs up against the federal law that says you forfeit your right to have a firearm if you're convicted of a felony.


From the indianz.com story on the decision:  "If citizens may forfeit their most precious constitutional rights by commission of a felony, it is not surprising that members of Indian tribes may similarly forfeit important treaty rights," the 10th Circuit said.

The court acknowledged that the federal law doesn't mention tribes and that it doesn't abrogate the Navajo Nation's treaty rights. However, the court pointed to language in the treaty that said "bad men" can be punished by U.S. laws."




twp

July 30, 2009 in General Interest | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341bfae553ef0115724ad355970b

Listed below are links to weblogs that reference Can you lose an individual treaty right because of a felony conviction?:

Comments

Post a comment