This week, Frank Star Comes Out, president of the Oglala Sioux Tribe, announced that the South Dakota tribe had banished Gov. Kristi Noem (R) from its reservation over her remarks on the U.S.-Mexico border last week, including calling the influx of undocumented migrants “an invasion.” There is likely little practical recourse for the governor. However, the decision runs counter to the tribe’s constitution, which includes the protection of free speech. For those of us who view free speech as a human right, the tribe’s decision is fundamentally wrong regardless of how one feels about Gov. Noem’s support for the state of Texas.
Star Comes Out says that banishing the governor is needed for “the safety of the Oyate.” However, he primarily identifies her speech as the basis for saying that her presence on the reservation would endanger members. He stresses “calling the United States’ southern border in Texas an ‘invasion’ by illegal immigrants and criminal groups to justify sending S.D. National Guard troops there is a red herring that the Oglala Sioux Tribe doesn’t support.” He also cites the governor’s pledge to send razor wire to help Texas secure its border.
He also accuses Noem of trying to “create a bogus border crisis just to help Trump get re-elected as President and Governor Noem his running mate as Vice-President.”
Tribal status should not insulate the decision from criticism. Once again, this has nothing to do with the merits of Gov. Noem’s comments or policies. There are good faith reasons to oppose those actions for those who are against more stringent efforts to secure the border. Indeed, the tribal president makes that case. The question is why the tribe feels the need to ban those who hold opposing views.
The Oglala Sioux Tribe expressly protects free speech under Article XII, Section b.
If Noem is violating state law by sending razor wire (which is unlikely), she can be sued. However, the thrust of the letter seems to be her view of the border crisis and calls for greater protections against the influx of migrants. If that is the standard for the tribe, the list of the banished would have to include not only thousands of elected officials but a majority of the country, according to polls.
I have written that I do not believe that this is an “invasion” under Article I, Section 10, Clause 3 of the Constitution. In that sense, I disagree with Gov. Noem. However, many refer to this massive migration as an invasion in the colloquial sense. I can understand why some find that offensive, but it is part of this debate and should be treated as protected not just under the federal but the tribal constitution.
Notably, in 1972, the United States Commission of Civil Rights addressed free speech rights among the tribes in a handbook on civil rights and noted:
“The inclusion of free speech, press, and assembly in the Indian Bill of Rights has caused many tribal spokesmen to complain that these principles are not part of traditional Indian culture and should not be applied to Indian society. They have argued that tribes are not ordinary governments, but are close-knit, family-like groups, and that the exercise of free speech in this atmosphere would lead to the disruption of discipline and the breakdown of tribal life.”
To its credit, the Oglala Sioux Tribe embraced free speech as a core right. Conversely, the ACLU and other groups have supported Sioux tribes in asserting their own free speech rights to protest over the years. Indeed, the Tribe opposed Noem’s push for a “riot boosting” provision to enhance civil and criminal penalties for individuals who supported any “incitement to riot” in the midst of the pipeline protests. I shared those concerns over free speech. Ultimately, tribal advocates celebrated the watering down of that language as a free speech victory.
The letter of Star Comes Out is part of this tradition by speaking out strongly against statements that the tribe finds offensive. It was only the effort to bar Noem for expressing her opposing views on the reservation that is so problematic. For many of us, this is not a federal or tribal right but a human right. As such, the Oglala Sioux Tribe should reverse its decision to banish Gov. Noem.
All Cristy has to do is step up traffic enforcement on thevroads leading in and out of their casinos.
And since they are probably working with the cartels distributing fentanyl and other drugs using reservation laws as cover, cars should be drug checked by dogs.
Where have all the good men gone ?
Gone to war nearly every one
When will it ever end ?
When will it ever end ?
The State has been lying to us for years. This will not stop with a vote.
Dennis,
Reading your post, I have to smile, as you’re handing everyone in the “secure border” crowd, myself included, the argument for a secure border on a silver platter. As proof, I reference your statement:
“Tribal lands are like a private residence. If you want to come into my home you have to ask for permission. There are a lot of people who would not be welcome in my home–like DJT, Govs. Noem and Abbott. That’s my right and it’s not a “free speech” or “human right” issue.”
As I, and I’m sure many others see it, America is a giant house, and her inhabitants are a massive family living in that house. Just as you feel tribes, yourself personally, and the folks in Hollywood, as well as other rich and mega-rich have a right to require permission before entering their homes, erecting walls around their homes, etc, to keep out folks they don’t want, so America and her inhabitants have that same right.
Don’t get me wrong, I’m not against immigration, and I certainly don’t hate immigrants. I just believe, as many do, that there aught to be rules in place governing who can enter this country, and under what conditions. In the long run, such rules serve to protect both America, as well as those wishing to enter this nation.
Dennis, let’s just suppose you adopted an “open doors” policy and allowed anyone to enter your home, invited or not. Let’s further stipulate that you are responsible for these folks, feeding them, clothing them, etc, etc. HOw long do you think it’d be before you were totally swamped, unable to feed and clothe these folks, were drained of all financial reserves, and the like? Methinks you wouldn’t last very long, and you’d soon reverse your open-door policy.
Frankly Republicans & Democrats, alike, are solely responsible for the crisis at the Southern border. the very wealthy in both camps need their housekeepers, farm workers, factory workers, and nannys to raise their minor children. Couple that with the young people of today believing they can start at the top, instead of working their way up the ladder the way their forebears did, and you have a recipe for disaster. As to the whole nanny thing, let me be blunt and honest. If a person needs a nanny to raise their kids, then perhaps they shouldn’t have children at all. BTW, that last statement I actually got from a Native-American fellow I once knew, who had a bad drinking problem, and probably had psychological issues, but he had enough presence of mind to realize that a couple he knew weren’t there to raise their kids, and he believed they shouldn’t have had children in the first place.
I’m a native South Dakotan, and I support my governor, 100% on this issue. I also support Governor Abbott and what he’s trying to do in the great state of Texas. Unless, or until, our government either enforces the immigration laws already on the books, or puts forth an acceptable immigration plan, I have no choice but suppport the effort Texas and 25 other states are putting forward.
Do I honestly think our government, as it currently is, will enforce the law? No. Do I think the House and Senate will draft meaningful immigration reform? Again, no. IMHO, I don’t believe the House or Senate will do so, as the vast majority of them likely have at least one illegal in their employ. The same goes for both the judiciary, as well as the upper echelon of the executive branch. Heck, wouldn’t surprise me if the vast majority of corporate America has illegals in their employ too.
This reminds me a lot of the Roman empire and the Gladiator games. There were emperors, I believe Constantine, for one, who wanted to bring an end to the games, but alas, there was neither the public, nor political will to do so, and sso they continued untill the empire’s ultimate demise.
Finally, we really need to adopt appropriate language when dealing with this issue. We need to stop referring to these people as “migrants”. When I hear or read that term, I think of people who come here for a time – to harvest crops, etc, then return to their homes. the vast majority of these folks coming nowadays aren’t doing that. We also need to stop using the term “undocumented”. If you don’t enter this country through the established immigration channels, you’re entering this country illegally, and should be referred to, properly, as illegal aliens.
The great comedian, George Carlin, was always talking about language. In one particular routine, he talks about euphamisms. He said that in WW I, when a fighting person’s nervous system was stressed to it’s peak and maximum, we called it “Shell Shock’. In WW II, we changed the term to “Battle Fatigue”. During the Korean war, the term was changed, yet again, to “Operational Exhaustion”. Finally, in Vietnam, the term was changed to “Post Traumatic Stress Disorder”. It took even longer to say, and all the humanity had been squeezed out. He finally went on to oppine that, had our boys coming back from Nam been said to have had “Shell Shock”, they might’ve gotten the help they needed at the time.
Anyone who wishes to understand how the immigration process used to work should listen to the Old-Time Radio comedy, “Life with Luigi”. Luigi loved America, he came here the right way, went to night school to learn about American history, the English language, etc, and was always trying to participate in our “great experiment” in whatever way he could. To check out this show, go to https://otrrlibrary.org/index.html?idp=5701 and grab copies of the show, or just listen to them right there.
People that were subjugated call for more, worse, subjugation. Now THAT is 21st century thinking. By all means, start sending these undocumented folks to the rez and then see how they feel about it. And that is the force of leftist indoctrination. Please, please pay attention, wherever you are. Did you even think about South Dakota, for a single second, before this? I thought not. People on every side need to wake up and get out of their bubbles of comfort. Dems: you are not royalty, and we will show you that you are not royalty. Conservatives: stop thinking barbecuing in your living room or having a two ton truck is a Constitutional right. You are ALL clowns. The rest of us have to live in this mess, you adolescent idjits. And so will the kids you refuse to raise.
James,
If they did send them to the rez, be interesting to see how they get treated.
Could go either way.