The Little Moon Residence

The 97 amendment states in part, “It shall be unlawful for any Indian or any other person to sell or otherwise dispose of any merchandise, or any part of his estate, which is possessed, used, or consumed within the jurisdiction of any Indian tribe… or which has been or is intended for use or consumption by any Indian tribe…” The sale of alcohol, drugs, and contraband are all prohibited by this amendment.

This week’s episode of the podcast has been titled “The Constitution,” which may be a bit confusing since we’re talking about the constitution and not Indian law. The constitution is the framework under which all legal systems are created, and it is the basis for everything we do. The difference in our discussion this week is that the episode focuses on the “97 Amendment” which prohibits Indian tribes from selling or otherwise disposing of alcohol, drugs, and contraband.

The amendment is controversial because of the history of alcohol and drug abuse in Indian communities. It dates back to the early 20th century when the American government was concerned about the spread of diseases such as tuberculosis, malaria, and diphtheria among Indian tribes in the eastern United States. Those fears were exacerbated when the Bureau of Indian Affairs (BIA) began administering tribal land in the 1920s.

Many Indian leaders believe the amendment is discriminatory and has been used to keep Native American communities from participating in civil rights struggles that they believe could lead to the downfall of their culture. One prominent case that has been cited is that of the Seneca nation of the Iroquois Confederacy. Their constitution allows for the sale of alcohol for certain conditions, including the sale of liquor to any citizen over the age of 18.

The amendment has a section in it that reads: “No citizen of the United States, or Indian of any tribe or tribe of Indians, shall be deprived of the enjoyment of life, liberty, or property, without due process of law.” The Supreme Court has ruled that this section is “an essential part of due process of law.” The Seneca and the other tribes say that this section is so vague that it cannot be enforced as the Supreme Court ruled.

The Supreme Court ruled that the sale of liquor to minors is not a crime. The Seneca, Mohawk, Oneida, and Tuscarora say the same thing, which is why they are challenging the constitutionality of the amendment.

The issue is whether the Supreme Court got it right. The court stated that the amendment is so vague that it “can be applied in many different ways” which seems to leave the door open for the creation of new laws that aren’t supported by the Constitution.

Not all laws have a purpose other than to protect us. They do not. As long as we are the only people in the world who will have laws that protect us they will be free to change.

If you’re against the constitutionality of the amendment, you should go back to your home. If the court was the only way to do it, it’s not your home. If you want to change anything, you have to do it yourself.