Another response to Hopis vs. Big Mountain Trespassers:
>> I trust that, when you say "Hopi," you are referring to the Hopi people and not to the Hopi Tribal Council (HTC)," aka "The Hopi Tribe." The two are not the same. The HTC is created, owned, and operated by the BIA and Peabody Western Coal Company. It does not represent the Hopi people. <<
Yes, I was referring to the Hopi people. The Hopi people, whether traditional or not, have made it clear their land belongs to them and no one else. Not the US government, not Peabody Coal, not the Dineh. That position is well documented in the historical record. For instance, in 1971 several Hopi kikmongwis wrote, "To us it is unthinkable to give up control over our sacred lands to non-Hopis."
>> The Hopi are not a sovereign nation, as long as the BIA and Peabody operate the HTC. <<
That's a novel legal theory. If we agree the Hopi people are the key, consider it from their viewpoint. Would they agree they've forfeited their sovereignty? I don't think so.
This position is backed by dozens of comments by the Hopi people asserting their sovereign rights over their land. Since I support them, I'll have to support them on this point too. Sorry.
Here's what Steve Russell, a Cherokee lawyer and judge experienced in Indian law; past president of the Texas Indian Bar Association; and associate professor of criminal justice, Indiana University at Bloomington, had to say about the claim quoted above:
You mistake politicial rhetoric for an assertion of fact. The Hopi are as sovereign as any other Indian government.
Just as I thought. End of story on that point.
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