Equal Protection and Ex Post Facto Laws
The academically verified documents ascertained through thousands of hours of research initiated by and for The Chickamauga Nation demonstrably produce irrefutable evidence that The Chickamauga Nation has been recognized by the Executive and Legislative branches of the government of the United States as an Indian tribe and eligible for funding and services from the Bureau of Indian Affairs (BIA).
Concerning the Legislative Branch of the government of the United States: The Congress of the United States, in contravention of its own statutes governing its historical recognition of The Chickamauga Nation, has kowtowed to political and financial pressure from Congressionally Terminated and not Re-Recognized, mostly purported to be, but not limited to state Incorporations in Oklahoma and thus refusing to enact adequate legislation to require the Department of Interior’s subordinate, the Bureau of Indian Affairs, to provide services to The Chickamauga Nation as required by a continuous government-to-government relationship with The Chickamauga Nation since prior to the Declaration of Independence.
Concerning the Executive Branch of the government of the United States: The President, nor Cabinet Secretaries enforce past or present codes and statutes governing their previous recognition of The Chickamauga Nation. They too have kowtowed to political and financial pressure from Congressionally Terminated and not Re-Recognized,mostly purported to be, but not limited to state Incorporations in Oklahoma and thus refuses to enact adequate legislation to require the Department of Interior’s subordinate, the Bureau of Indian Affairs, to provide services to The Chickamauga Nation as required by a continuous government-to-government relationship with The Chickamauga Nation since prior to the Declaration of Independence.
Therefore; the Executive and Legislative Branches of the Government of the United States promoted a genocidal policy prior to the Declaration of Independence and continues that policy through the ethnic cleansing of The Citizens of The Chickamauga Nation by denying them funding and services from the Bureau of Indian Affairs (BIA) in a concerted effort to bring about a final solution of their policies for the complete and utter annihilation of their Chickamauga problem.
I want to offer Commentary on the 14th Amendment to the Constitution of the United States – July 9, 1868
SECTION 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
COMMENTARY: In so much as can be ascertained by the text of the 14th Amendment, the Executive Branch, by way of the President of the United States, the Secretary of Interior, and the leadership of the Bureau of Indian Affairs, are derelict in their duties to protect the civil rights of the Citizenry of The Chickamauga Nation by refusing to provide them with a Constitutionally guaranteed right of Equal Protection under Indian Law, which is and of itself exists in statute and code. The Legislative Branch, by the way of Congressmen, Senators, Staffers, and Aids, too are derelict in their duties to protect the civil rights of the Citizenry of The Chickamauga Nation by refusing to provide them with a Constitutionally guaranteed right of Equal Protection under Indian Law, which is and of itself exists in statute and code which they produced.
It is no less consequential that the 5th and 14th Amendment Due Process clauses appear to be inviolate concerning the civil rights of the Citizenry of The Chickamauga Nation in that they have not had their rights protected and adjudicated by a non-partial third party. The Part 83 Federal Acknowledgement process cannot provide adequate legal due process for the Citizens of The Chickamauga Nation, because the process is legally devised to determine if an Indian Tribe is “Federally Recognized,” of which both the Executive and Legislative Branches have already established that they both have numerous times and in various manners have Recognized The Chickamauga Nation. Further, it is impossible for The Chickamauga Nation to be adjudicated by Part 83 because the head of the Department of Federal Acknowledgement is Lee Fleming, who is a citizen of the Congressionally Terminated and never re-recognized Incorporation based in the state of Oklahoma known as the Cherokee Nation. The Cherokee Nation is documented in the National Registry as an ally of the United States in committing genocide and ethnic cleansing against the Chickamauga. It is therefore insurmountable for the United States to overcome the non-partial, third party adjudication by the Office of Federal Acknowledgement of the violation of the due process. The Legislative and Executive Branches of the United States, to protect the civil rights of the Citizens of The Chickamauga Nation must place the Tribe on the list of Indian tribes eligible for funding and services from the Bureau of Indian Affairs (BIA).
SECTION 2.
Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.
COMMENTARY: Here lies one of the most important questions at hand that the Executive and Legislative Branches must determine once and for all: Are the Citizens of The Chickamauga Nation citizens of the United States and guaranteed equal protection under “Indian Law” or are the citizens of The Chickamauga Nation NOT Citizens of the United States and thus; a Sovereign Nation unto themselves?
Without diving into over a half of a millennia of not affording any citizenship rights to Indians on this continent, the United States declares by decree citizenship on Indians whether they wanted to be citizens of the United States or not again appears to be inviolate of previous Supreme Court opinions and treaties. When examination of the Canandaigua Treaty with the Western Confederacy of which the Chickamauga are signatories, it forbids the concept of conquest and then Fleming v. Page uphold the same concepts.
Whether or not, the Indian Citizenship Act can actually pass constitutional muster with a current challenge, the requirements of the law were never fulfilled on behalf o f the United States and therefore creating a deficit which cannot be fulfilled on behalf of those upon whom citizenship was to be forced upon. The deficit is that the United States failed to provide Citizenship Certificates to all newly declared citizens as required within to statute. Example: No one in my family ever received a Citizenship Certificate, so does that mean the Federal government does or does not consider me a citizen of the United States?
EX POST FACTO LAWS
ARTICLE 1 SECTION 9
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
COMMENTARY: The Federal Recognition of The Chickamauga Nation which has been firmly established since before the Declaration of Independence. One may ask, “How is this possible since there is no federal government in place until after the signing of the Declaration of Independence.” The answer is simple, the Continental Congress meeting in Philadelphia, sometime on or before June 29, 1776, instructed Brigadier General Griffith Rutherford to begin an assault on the Lower Town (Chickamauga) which is verified in affidavits sworn under oath by Revolutionary War era soldiers who were seeking annuities from the United States for their service of which the United States paid. These affidavits further document the United States declared war on the Chickamauga on or about June 29, 1776, which the United States has never ceased this conflict by signing a Treaty of Peace to officially end the war initiated against The Chickamauga Nation.
The United States officially Recognized The Chickamauga Nation when the US declared war upon The Chickamauga Nation. Any and all statutes and codes written after 1800 to provide for a recognition process to establish recognition of the government-to-government relationship with The Chickamauga Nation would inherently be EX POST FACTO and in violation of the Constitution’s ban on EX POST FACTO laws.
In examination of the facts of the Executive Branch and Legislative Branch recognition of The Chickamauga Nation in its various forms and fashions from 1776 up to 1839 and beyond, it is quite evident that the United States is inviolate of its fiduciary responsibilities to The Chickamauga Nation. The Chickamauga Nation proposes an equally agreeable outcome concerning the government-to-government relationship with the United States: The United States can immediately declare peace with The Chickamauga Nation, sign a Treaty of Peace inclusive of placing The Chickamauga Nation on the list of Indian tribes eligible for funding and services from the Bureau of Indian Affairs (BIA) and immediately pass legislation proposed by The Chickamauga Nation.