MNN. September 11, 2004. What caused the Indians to go onto the reservations? What caused the Jews not to believe what was happening until it happened? Genocide begins by numbing the minds of the victims. Such events seem incomprehensible in their time of torment. This is the indigenous experience in the Western Hemisphere since the European invasion.

Exposed Reality. Hurricane Katrina?s hit of New Orleans has exposed this reality once again. The American ?spin doctors? are trying to cover-up what happened and minimize the disaster. Once you?ve seen what happened to the Black people in New Orleans, you can put two and two together. This is where the Indians have been coming from all along.

It opened many eyes. Some of these deaths in New Orleans are related to the American culture of ?obedience?. Many could have rushed out of the convention center and the Superdome to freedom and the guards may have shot a few. In 1877 when the Cheyenne Indians were herded into Fort Leavenworth to die, they broke out. Some were shot, but most ran away and survived. In 1990 when the Canadian Army herded us into the Treatment Centre in Kanehsatake (Oka) to starve and kill us, we suddenly came out, ran away and escaped death.

In the Wounded Knee Massacre in 1890, one can't underestimate the power of the gun and what settlers wanted in North America ? to kill off the Indians and take our lands and possessions. We?ve been there big time, generation after generation. There have been more murders of Indians than you can shake a stick at. Over 100 million at last count. This figure has been greatly minimized.

Americans pay their taxes, they watch the fiction on television where they see how well the government, judges and police are looking after them. They?re shown how all their institutions ? social, government, business, everything - are run so efficiently. They are being lulled into a false sense of security. They are made to believe they have a right to protection and a duty to obey, even if it threatens their lives.

What price obedience. We saw people being herded into death traps, surrounded by guards. We are conditioned into believing that truth doesn?t matter and that we are powerless. How do we free ourselves from this state of mind?

Political branch. There is an over reliance on hierarchical structures. Start with the ?political branch?. They do what they think they?re supposed to do, which is to be opportunistic. Politicians want to be re-elected. They aren?t expected to be champions of ?truth?. They?re expected to be good liars because that seems to produce profits. Everyone likes to share in the profits. They?re willing to look the other way when it comes to the morality of the profits. Judicial branch. The judiciary has a completely different function in a democratic society. It is the guardian of truth in relation to the affairs of the People. As Ralph Waldo Emerson said, ?Truth is the summit of being. Justice is its application to affairs?.

Since truth is the highest value, if it is going to be applied to affairs, it?s supposed to be done by the judiciary. The judiciary is supposed to sit as a third party outside the political events in progress. They must make all the players live up to the highest standards.

The judiciary has vacated its role as guardian of the truth. It has entered the opportunistic political process by way of ?federal common law?. Federal common law means federal judges can make decisions that ?feel? good to them rather than according to the constitution, whether it makes them feel good or not.

Stop the breakdown in the judicial responsibility. If not, the genocidal trench will continue and grow wider. There will be more bodies on top of the platform of centuries of genocide against the indigenous people. People expect someone else to save them. We are not waiting around for someone to save us. We brought an important question before the United States Supreme Court (USSC), Kanion?ke:haka Kaianereh?ko:wa Kanon?ses:ne Case No. 05-165. The judiciary must face the horrific truth upon which this country is founded - the genocide of the indigenous people and the theft of our lands and possessions. This violates their written Constitution. We ask that this question be addressed.

Greed and genocide runs America. Greed together with genocide is the engine that drives America. The U.S. Supreme Court must stop the indigenous genocide in progress. American society is built on an infected base that must be cleansed in order to become sound. USSC Justice Clarence Thomas was right when on April 19, 2004 in Lara v USA he said that the failure to address what unconstitutionally happened to the Indians will ?continue to haunt? until the question is addressed. Nobody seems to have the solution. Kaianereh?ko:wa has identified it. Such a wound can only be cleaned by the United States Supreme Court.

Constitutional question. Today American society has glimpsed the kind of life we Indians experience every day. Our constitutional jurisdiction question asks: How can you stop genocide? The answer is by obeying your own constitution.

The truth will set everyone free. It goes to the root. The base of power in North America is the great theft of the continent from the Indians. Thomas saw the festering wound legally. Eventually the judiciary will have to out the truth. That is their role in society. If it doesn?t, then there is no society.

Worldwide breakdown. We, the Kanion?ke:haka, are trying to put the center back in. The center is truth. The great hole is that North Americans are ignoring the Indian genocide. This is the deep sickness in American society, deeper than the surface wound. The constitution records the legislative intent of the relationship between sovereign democratic peoples, indigenous and non-indigenous. The judiciary is not applying the existing constitutional law. ?Opportunism? has replaced ?truth? as the standard for adjudication.

Marching orders. The solution is to restructure the system. Marching orders must be given to the judges to adhere to the legal value that truth is greater than greed. Not the other way around. The era of Indian genocide must end.

From 1871 to the present the judiciary allowed greed to supersede truth. They called that practice ?federal common law? to distinguish it from the constitutional law it genocidally breached. From 1871 on Congress and its federal judiciary hijacked the rule of law. That?s what Thomas noticed. The truth is out of the bag. We cannot let it go away. It will haunt.

Excuses, excuses. What excuse does American society have? You obey or you?re shot for disturbing the peace under martial law. That is the Indian reservation system. You have seen a small picture of our experience generation after generation. This is the wrong that destroyed our birthright and our Constitution.

It happens not because the law is bad, but because the judiciary does not implement the rule of law. It does what ?feels? good for them. The problem is lawyers are liars and judges are lawyers. The solution is a firm hand at the top of the judicial hierarchy that guides the others on the path of truth, and deals severely with those who violate it. 05-165 is the curing agent. Monitor it. The path from Republic to Empire is best not crossed by America. The Republic can heal. The Empire leads to death. For others, there is the Indian way.

Kahentinetha Horn
MNN Mohawk Nation News
Contact: kahentinetha2@yahoo.com
Call: 518-358-6012