User:Michilds382/Indian Territory

Oklahoma Native Territories, statehood and recognition of reservations
The Oklahoma organic act of 1890 created an organized incorporated territory of the United States of Oklahoma Territory, with the intent of combining the Oklahoma and Indian territories into a single State of Oklahoma. The citizens of Indian Territory tried, in 1905, to gain admission to the union as the State of Sequoyah, but were rebuffed by Congress and an Administration which did not want two new Western states, Sequoyah and Oklahoma. Theodore Roosevelt then proposed a compromise that would join Indian Territory with Oklahoma Territory to form a single state. This resulted in passage of the Oklahoma Enabling Act, which President Roosevelt signed June 16, 1906. empowered the people residing in Indian Territory and Oklahoma Territory to elect delegates to a state constitutional convention and subsequently to be admitted to the union as a single state. Citizens then joined to seek admission of a single state to the Union. With Oklahoma statehood in November 1907, Indian Territory lost its "independence" and was extinguished.

However, this elimination of the native territories' independence did not last forever. In the wake of the 2017 case Murphy v. Royal, there was a new realization about the Oklahoma Enabling Act. The act had, in fact, not actually dissolved the existence of native reservations. After this realization, a criminal from the Seminole Tribe would lead to a landmark case in the efforts of natives gaining back their land and many rights.

McGirt v. Oklahoma and its effect on Native land
An Oklahoma Native American by the name of Jimcy McGirt heard of the case of Murphy v. Royal and decided to use it as grounds for a case of his own. In McGirt v. Oklahoma, McGirt brings to question whether the state of Oklahoma had the power to prosecute him in a case for the sexual crimes he committed in 1997 against the granddaughter of his wife at the time. McGirt was sitting on an over 1,000 year sentence from these crimes. After hearing about the news of the Supreme Court decision that reservations had never been disestablished, McGirt went on to to petition for appeals in his case many times until it eventually worked its way to the Supreme Court in July of 2020.

This case ended with a 5-4 decision that indeed the state of Oklahoma did not have the jurisdiction to be prosecuting McGirt. The jurisdiction would lie with the tribe where the crime was committed. Therefore the Creek Nation was distinguished and recognized as still being a reservation. This recognition was something that hadn't been done since the declaration of statehood.

“Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the government to its word,” said Justice Neil M. Gorsuch for majority opinion. This case brought new accountability with the US Government.

"The decision today creates significant uncertainty for the State's continuing authority over any area that touches Indian affairs, ranging from zoning and taxation to family and environmental law," wrote Chief Justice John Roberts in his dissenting opinion. He didn't believe the benefit would be worth it in this instance if the reservations were recognized. There was the worry that this could create chaos in Oklahoma's courts.

This case brought the recognition of the Muscogee (Creek) Nation and implications of the other reservations still being considered existent to the US Government. Over time, more cases will arise in order to officially bring the recognition of these other native reservations.


 * Muscogee (Creek) Nation: This is the largest of the federally recognized Muscogee tribes. They are headquartered in Okmulgee, Oklahoma. Their jurisdiction is in Creek, Hughes, Okfuskee, Okmulgee, McIntosh, Muskogee, Tulsa, and Wagoner counties. The Muscogee are a unified nation of multiple tribes.
 * Cherokee Nation: This nation is federally recognized. They are considered sovereign land.
 * Choctaw Nation of Oklahoma: Their tribal jurisdiction consists of eight Oklahoman counties among 12 tribal districts. Their headquarters are in Durant, Oklahoma. They function with their own government with Judicial, Legislative, and Executive branches.
 * Chickasaw Nation: This is also a three-branched self-governed native nation. Their jurisdiction takes up Byran, Carter, Coal, Garvin, Grady, Jefferson, Johnston, Love, McClain, Marshall, Murray, Pontotoc, and Stephens counties.
 * Seminole Nation of Oklahoma: This nation is predominantly in Oklahoma and made up of three tribes. Their tribal complex can be found in Wewoka, Oklahoma.

Now the number of recognized reservations is greater, taking up a large portion of the state of Oklahoma. With similar cases, the government starts to recognize reservations more and more.

copied from Indian Territory