THE DISCUSTING FEDERAL INDIAN CHILD WELFARE ACT    ICWA

When we read that certain “Indian” children may be taken away from a family because of the ICWA, one is horrified at the thought of the ICWA playing such wayward and unconstitutional twist in the Childs life. The family involved is left with no way out except suing the US Congress (both houses} and their members for the last few Congresses that did vote for the ICWA, i.e., to continue that program on to date. Also you should include the State involved, both houses and a few of their members (as with the feds), for allowing such an obstacle (law) in the  path of such an effected family. The State has an obligation to protect such a family from this kind of tyranny... and at least a majority of its legislative bodies acquiesced or approved of it and did not object or refuse to allow the ICWA to control its own citizens. Those elected leaders that continue to vote for such legislation violate both their oaths of office and the public trust incumbent upon them by virtue of their office.

It is clear that the Congress has abandoned Citizens living on Indian reservations as well as other citizens merely passing through such reservations, to the intermediate control and whims tribal governments without recourse to the federal courts. We are talking about federal legislation for tribes, as distinct from citizens. What does this mean? It means such legislation results in a disabling statute, it takes away certain vested personal Constitutional Rights illegally. The ICWA indeed has imperiled, by the process of legislating for Indians without regard to their status as citizens.. and this act adversely effect tribal members and non-tribal members. This act produces institutional child neglect and abuse without recourse to fundamental due process protection each citizen possesses. A second cause of action related closely to the ICWA, that is available for those fighting the ICWA is that tribal governments are PRETEND governments, not Republican in form (violation of Article IV, Sec. 4, of the U.S. Constitution) and the tribes claim of any kind of sovereignty is without any Constitutional authority: these two issues need to be addressed in a law suit attacking the ICWA because, remember, it is the tribal government that  intervenes in these matters and keep children within the authority of the tribe concerned.       

John A. Fleming

March 2, 2004