MNN.   August 5, 2005.  The question is:  Can non-indigenous society continue, as it has since 1871, unconstitutionally, with genocidal consequences, to usurp the national sovereignty of the Kanion’ke:haka people?   The usurpation takes the form of applying federal and state law to the Kaienereh’ko:wa national constitutional territory before a treaty under Article II, Sec. 2, Paragraph. 2, Clause 1 of the U.S. Constitution.  This must be ratified at Onondaga and by a 2/3 vote of the U.S. Senate.  No such treaty exists, and all substitutes are unconstitutional.  The continuing rule of the Kaienereh’ko:wa is expressly and explicitly confirmed by Article XI of the 1775 Philadelphia Articles of Confederation and Article VI of the 1789 Constitution of the United States.

The Women’s Council got the number.  With the support of the people, the women of the Kanion’ke:haka Kaianereh’ko:wa Kanon’ses:ne, successfully have filed this constitutional jurisdiction question in the U.S. Supreme Court to prevent the genocide of our nation and the faces yet unborn.  Now we’re waiting for our hearing.  The Women got this number to force the issue by a renaissance of our national law, spirit and ethic. 

The Showdown.  We went into the ‘OK corral’ at high noon and faced the court bureaucracy.  “Hey”, we said, “We have bigger fish to fry”.   We stared them down.  They blinked and were gone.  We finally got past the clerks who were their front line soldiers charged with keeping important questions from being placed before the American people.  We marched right into the heart of it. 

Neutral Judiciary.  “This critical constitutional issue belongs before the judiciary.  This court exists for the purpose of not favoring the Kaianereh’ko:wa Constitution over the U.S. Constitution, nor the other way around.  The Judiciary has to look at it in black and white and neutrally, as an independent and impartial constitutional court not beholden to any of the competing constitutional governments or domestic law.    

‘Constitutional accord’.  This is the set of constitutional enactments based on the principle of the Two Row Wampum: separate equal nations which can only relate on a nation-to-nation constitution-to-constitution basis.  This is what the Women and the People are defending for the Kanion’ke:haka, also on behalf of the men, women and children all over the world.  It’s all about the rule of law that everyone is accountable for their actions, that there is a remedy and a price to pay for breaching it.

Question now goes to a Judicial Conference.  This is as it should be.  The ultimate purpose of preventing genocide depends upon the judicial branch providing the rule of law safety net to prevent the other branches from getting carried away with their power to evade the law. 

Is the nightmare almost over?  Or are there more dirty tricks to come?  The rule of law will save the people. 

  First time action.  Nobody has ever got it this far.  The closest was 1831 in the case of Cherokee Nation v. the State of Georgia.  That Indian Nation relied on a different section of the U.S. Constitution; and, more significantly, Article XI and VI mentioned above do not apply to the Cherokee lands.  The constitutional guarantee of the Kaianereh’ko:wa “Engagement” by the U.S. Constitution is unique.  It was taken under the wrong section of the U.S. Constitution.  The Cherokees pleaded they were “foreign” nations.  The Supreme Court did not like the adjective “foreign”.  We agreed we are not “foreign”. We are constitutional “allies”.  No other indigenous groups have been able to get past the court bureaucracy because of the Cherokee Nation case.  We have corrected this mistake. 

Non-party can now file.  Also we cottoned onto this rule 12(h)(3) which allows a “non-party” to file.  We are a non-party because we refuse to attorn to the jurisdiction of the lower court system.  This is where the Kanion’ke:haka as a nation equal to the United States could not journey through their lower courts on constitutional grounds.  We were frozen out of the jurisdiction question.  Today a “non-party” can place a jurisdiction question before the Supreme Court.  This is a loop hole and we jumped right through it.

Different route, technically superior.  We are not going under the section that refers to foreign nations.  The Supreme Court has original jurisdiction where a state is involved.  The hurtle we’ve been up against is that if an Indian nation sues a state, it breaches a federal law, 28 USC 1251.  The federal bureaucracy goes under federal law.  This is contrary to the U.S. Constitution.  This is what made it so difficult for us.  We could never get our material before the court because we couldn’t get past the federal bureaucrats applying the federal law on their procedural points.  This is the cause of the genocide. 

Chicanery or death by legal trickery.  The way you defend yourself in death by legal trickery is to get the whole truth before the top court.  It is a difficult route.  For some reason, by chance or destiny, all the switches were thrown.  It now appears we are on a genuinely new trail, for the faces yet unborn, for the environment, for the great peace.  We may be on the verge of the Kaianereh’ko:wa peace. 

It’s historic.  It’s a first.  It’s exciting.  It’s hard not feel hopeful that the Kaianereh’ko:wa will be respected for the great constitution it is.  The simple truth.  Justice is the application of truth to affairs.  That's all we’re talking about. 

Look it up:  Case No. 05-165:  IN THE Supreme Court of the United States, In re Kanion’ke:haka Kaianereh’ko:wa Kanon’ses:neh, NON-PARTY, Petitioner/Movant/Appellant, -- The Canadian St. Regis Band of Mohawk Indians, PLAINTIFFS, Respondents, v. The State of New York, DEFENDANTS, Respondents.  Petition for Writs of Certiorari and Quo Warranto with Prohibition and Mandamus in Aid to Prevent Genocide.  Rules 17.1 and 20.1 – To the Second Circuit of the U.S. Court of Appeals.  Case 05-165 www,supremecourt.us.gov 

  Kahentinetha Horn
MNN Mohawk Nation News