An Unconstitutional Argument

The motion to sunset the TN Commission on Indian Affairs was made by reiterating a CNO allegation that, should the State of Tennessee (or its agents) take action on an application for tribal or other Indian recognition, the State would be at risk of federal law suit. The motion maker went on to suggest that even enhancement programs for Indians were unconstitutional, and said recognition was - per the constitution - a federal issue.

Wrong wrong wrong wrong WRONG!

Article 11 of the US Constitution gives nonconsenting states (TN is a nonconsenting state) soveriegn immunity from suit by another state government, foreign government, citizen of another state, or even a TN citizen. The state was never at risk.

Was the motion an honest oversight or ignorance of constitutional law, or was it an excuse to strike back in an act of retaliation at a community that stood up to an earlier senseless law co-sponsored by the motion maker?

Article 10 of the US Constitution gives the states nearly equal powers with the federal government during times of peace as any federalist (the motion maker self-identifies as a federalist) will tell you. Neither Tennessee nor the US Government have any current wars with American Indians on their to do lists nor is there any provision of the US Constitution that relegates “recognition” to the federal government (there is a statement that relegates negotiation of treaties and commerce with Indian nations to the federal government), ergo the authority to recognize is the right of this or any other state in the union.

Another constitutional faux pas on the part of the motion maker?

What really makes this all so very confusing is that - if you start surfing around on the motion maker’s family - you eventually trip over family genealogists who state the line of his family surname that settled and stayed in Tennessee is loaded with …

 You guessed it. Cherokees and Melungeons.

 Do you suppose it’s a bad case of denial translated into a hate of anyone/thing non-caucasian, or something else?