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There have been heart-rending reports out of South Dakota about how American Indian women have so few protections and their rapes are so seldom prosecuted. Sounds like something should be done to provide some sort of protections against non-Indian rapists, for Pete's sake.

So I guess the opposition is based on not wanting the natives to be allowed to prosecute Real Americans (TM)?

The three Oklahoma Republicans with the largest native constituencies voted no. Sullivan was no surprise, Lucus was a disappointment but he has been declining into the moral cyst pool of wingnuttery, and Cole is a registered Chickasaw.

If any three should suffer for their injustice, it would be these three but sadly they have no viable opponents.

But 92 House Republicans voting AGAINST longer criminal sentences is certainly an unusual thing.

The entire House Republican caucus hates Obama. But apparently 92 of its members hate Obama so much that they'd rather be lenient with criminals than allow Obama an important legislative victory.

These 92 Republicans would guzzle a glass of Drano with a gasoline chaser before doing anything to support Obama.

I deal somewhat similar authority disputes between the states and the tribal lands with sales tax.

For some reason, the states do not recognize tribal land as sovereign areas. For example, the TERO authority, which covers numerous tribes in numerous states decided to levy a 2% sales tax to property delivered into their jurisdictions. This is in addition to the normal sales tax levied by the state and local jurisdictions. Right now any property delivered into TERO is subject to local jurisdiction sales tax.

My point here is how does anyone have authority of a supposed sovereign nation ? What authority does Congress have over tribal courts, and why can't the tribal courts make their own rules ?

I am just having a hard time understanding why Congress has to make rules for tribal courts, did we knee-cap their abilities to make these changes ? And if so, seems to me like it would be more important to change those rules, rather than make new rules.

If I am reading this right, an Indian can rape another Indian and get 1 year, with the changes 3 years. What about an Indian raping a non-Indian and visa-versa.

This really is insane and truly unjust for the women. I suspect rape isn't the only crime that falls under these barbaric 'rules'.

between this and the Senate Republican opposition to the Franken Amendment (to address KBR employees raping their coworkers in shipping containers and depriving the victim of legal redress) perhaps the "Party of 'No'" should be rebranded the "Party of 'Who Cares if She Says No'". Why any woman (or racial/ethnic minority, or non-Christian, or homosexual, or person with an IQ over 100 or income under $200,000/yr) would ever vote Republican truly escapes me.

I see that Bachmann was the only MN legislator that voted against the bill. What a surprise.

Just a note to ScottW714. Due to the Major Crimes Act Indians and non-Indians alike will be tried for the crime of rape. The Indian would be tried in federal court and could receive any sentence up to the death penalty.

Scott, this is from wikipedia about tribal sovereignty:

"Tribal jurisdiction over persons and things within tribal borders are often at issue. While tribal criminal jurisdiction over Indians is reasonably well settled, Tribes are still striving to achieve criminal jurisdiction over non-Indian persons who commit crimes in Indian Country. This is mostly due to the Supreme Court's ruling in 1978 in Oliphant v. Suquamish Indian Tribe that tribes lack the inherent authority to arrest, try and convict non-Indians who commit crimes on their lands (see below for additional discussion on this point.) The Oliphant decision remains "controversial because it signaled that project of imperialism is alive and well in Indian Country..."

As with all matters concerning Native Americans and their history/treatment by the U.S. government, these are still murky and, in many cases, unjust. Here's the rest of the article, but if you truly are involved in some way on the impact of state sales taxes on Native Americans, I would encourage you to do your research broadly as to see the whole forest, not just individual trees.

http://en.wikipedia.org/wiki/Tribal_sovereignty

I sent a note to my rep, Aaron Schock about this and got the standard email back promising he would explain it at a later date. I'm still waiting.

Winddancer.
Thanks for the info. How does a sovereign Nation not have authority over it's own land.

I wasn't looking of tax info, more I was making a point that Indians don't seem to have much control of their own lands. With my example in TERO, they get 2% and Colorado and surround areas get between 5-8%, how2 is that even possible. I do understand the impacts of insanely low tax rates.

This truly disgusts me.

How do these non-sense laws effect wealthier Indian lands, namely the Casinos ? According to what I have read, I could rob a Casino and not be held accountable before this passes ? I am not an Indian. Or do authorities take Indians with means more seriously ?

Scott, indian lands are held in trust of the U.S government, specifically the Dept. of Interior. Indian nations don't have the same sovereignty as France or England for instance, but are considered "domestic dependent nations." Long story, and not at all a happy one.

Why should Republicans abandon their pro-rape agenda now?

Pro-racism. Pro-rape. Pro-torture. I wonder how long it will be before Republicans start speaking out in favor of cancer.

It is true that the BOR doesn't apply to tribal governments but a statute does apply most of them. The right to a lawyer paid by the tribe (which would no longer would be as valid if they had the power to inflict higher punishments than one year) is one exception as is an establishment clause, since some tribes mix church with state.

regarding the staffer comment: you really don't have to leave it up to your imagination as to why Indians have jurisdiction over other Indians from another tribe. It's federal law: 25 U.S.C. sec. 1301(2) [amended by Public Law No. 101-511] and backed up by the Supreme Court in U.S. v Lara, 541 U.S. 193 (2004).

More than 86 percent of rapes against Native American women are carried out by non-native men, most of them white, according to the Justice Department.