#19 By John A. Fleming 
 
TRIBAL GOVERNMENT SEEKS "FULL FAITH AND CREDIT" FOR THEIR JUDICIAL PROCEEDINGS
 
The July 12, 2002, edition of the Native American Press/Ojibwe News stated 
that the Minnesota Supreme Court Advisory Committee for the General Rules of 
Practice is currently holding hearings on a proposed "full faith and credit" 
rule for that State. This proposal seeks to have the Minnesota State courts 
grant "full faith and credit" to the judicial proceedings of the various 
Federally recognized tribes in that State. Our U. S. Constitution provides for 
"full faith and credit" of public acts, records, and judicial proceedings with 
and between the several States. This provision is between equal sovereigns, free 
and independent, with recognized powers, jurisdictions and rights not expressly 
delegated to the Congress assembled, and bound by the Declaration of 
Independence, the Articles of Confederation, the Article of Compact entitled The 
Northwest Ordinance of 1787, and our current Constitution. This rule has and 
continues to serve the Union well, does exactly what is necessary for the States 
and federal government to ease the rigors of any judiciary activity within our 
Union - which is based on a Republican form of Government for each unit of 
government. Federally Recognized tribes do not meet the above criteria or 
standards set by the several States that provides us with an environment to make 
the "full faith and credit" rule effective. One cannot question a States right 
or authority to grant such a rule for tribal courts - if such a grant stood 
alone and unaffected by State or the U.S. Constitutions. This is not the case. 
Our historical and formative documents, above mentioned, rule the day. In this 
matter one must remember a court is an instrumentality of government. In this 
case the individual Federally recognized tribe has its own form of government 
(not necessarily like other such recognized tribes), all of which are not 
Republican in form, fail to have any Constitutional authority or power for their 
existence; hence, their courts and tribal governments are authorized by Acts of 
Congress that are repugnant to our Constitution. WHY, because tribal governments 
are not Republican in form, a violation of Article IV, Section 4, of the U.S. 
Constitution. If the reader will spend just a little time investigating this 
matter, one would find out that tribes do not let all those affected by their 
rules and taxation, to vote or participate in the governing process, and there 
is no separation of powers, just to mention a few irregularities. You will also 
find clear and unmistakable evidence of Unconstitutional End Results stemming 
from a number of Federal Indian Programs. The Minnesota Supreme Court Committee 
considering this proposal will themselves create another unconstitutional end 
result if they allow this proposal to be adopted .They do not have the power to 
disregard the Republican form of government requirement. John A. Fleming August 
1, 2002