United States Commission on Civil Rights

Confidential Draft Report
“Enforcement of the Indian Civil Rights Act of 1968”

May 1990


ICRA - 45
there.  And certainly as long as they have an alien court on their reservation, if they believe that that court is under our control, I think the chances of continued poor relations are as good if not better than they will be if the tribe has its own court and we are working from a resource base to try to improve it. [93]

     "I might add," he later told the Commission, "that there is no one living on a reservation today that has to live there.  There is no law that says anyone must live under the constraints of the Red Lake Tribal Council.  They are free to move about anyplace in this country.  And once they leave the jurisdiction of the tribe, they have no more responsibility to it nor the tribe to them, in most cases. [94]  U.S. Attorney Arnold disagreed, calling the suggestion "horrendous." [95]

It is the type of thing wherein if in Minnesota we decided to deny everyone constitutional rights, they could move over to Wisconsin.  And I suppose that I, as a lawyer, could do such, but most of these people have grown up in that area.  They are impoverished.  They have no ability to move, nor should they have to.  [96]

__________
     [93]  Id. at 26.
     [94]  Id. at 40.
     [95]  Id. at 56; see also Testimony of Stephen L. Pevar, Regional Counsel, American Civil Liberties Union, id., at 87 (calling the statement "a horrible suggestion or comment" and "an embarrassment").
     [96]  Id. at 56.


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