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Originally Posted by st steven
What land, protected by what/which provision/s of the treaties?
Specificity helps an argument. Piously rhetorical questions do not.
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Pursuant to a special jurisdictional statute which provided for de novo review of the merits of a decision of the Indian Claims Commission that an 1877 enactment effected a taking of the Black Hills from the Sioux Indians, the Court of Claims, 220 Ct.Cl. 442, 601 F.2d 1157, affirmed the Commission's decision and held that the Sioux were entitled to interest dating from 1877 on the principal sum of $17.1 million. Certiorari was granted, and the United States Supreme Court, Mr. Justice Blackmun, held that: (1) the 1978 Act which provided for de novo review by the Court of Claims of the merits of the Indian Claims Commission's decision did not violate the doctrine of separation of powers; (2) Congress had the power to waive an otherwise valid defense to a legal claim against the United States; (3) the legal analysis and factual findings of the Court of Claims supported its conclusions that an 1877 enactment which implemented an "agreement" whereby the Sioux relinquished their rights to the Black Hills effected a taking of tribal property which had been set aside for the Sioux by a prior treaty and that the taking gave rise to an obligation to make just compensation to the Sioux; and (4) the Government's obligation, including interest dating from 1877, was required to be paid.
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United States v. Sioux Nation of Indians
http://www.utulsa.edu/law/classes/rice/USSCT_Cases/US_v_Sioux_Nation_448_371.htm
http://en.wikipedia.org/wiki/United_States_v._Sioux_Nation_of_Indians
Essentially, in 1980, the Sioux Nation successfully challenged the United States, arguing that the Fort Laramie Treaty was broken, and that land was illegally taken.
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Regardless of that case, you had this in 1999 -
http://www.itvs.org/homeland/today7.html
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Yet as recently as 1999, U.S. policy has continued to break treaties created by the U.S. government in the late 19th century. The Danklow Acts (also called Mitigation Acts I and II), signed by President Clinton in 1998 and 1999, gave over 90,000 acres along the Missouri River in South Dakota to the state of South Dakota, land guaranteed to the Sioux people by the 1851 and 1868 Fort Laramie Treaties
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