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Universidad de Concepción

Author
Aaron Kushner

Case McGrit vs. Oklahoma: Compliance with Indigenous Treaties and Collective Titles To The Land

The present case is one of the most important of the modern period of the Supreme Court of the United States, which, defining criminal jurisdiction, establishes indigenous policies. The Supreme Court ruling in McGirt v. Oklahoma establishes the principle that states and the federal government must abide by long-standing treaties with Indian nations, while enforcing - and tangentially - Indian collective land titles. If the indigenous land reservation is to be abolished, it must be done explicitly by an act of Congress, not by the will of the state or local governments. The immediate consequences of the ruling include new state obligations for the United States and the revitalization of the Creek Nation's (Muscogee) powers over indigenous land, including the non-indigenous population.

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