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News

Thompson cosponsors constitutional amendment to prevent U.S. presidents’ complete immunity

On Thursday, Rep. Mike Thompson (CA-04) joined Rep. Joe Morelle (NY-25) and over 40 members of Congress to introduce a constitutional amendment that will reverse the Supreme Court’s recent decision to grant U.S. presidents broad immunity from criminal prosecution.

“Maintaining a healthy and fair democracy means that no one — not even our commander-in-chief — is above the law. Yet last month, the Supreme Court of the United States undermined that principle and with it, the foundation of our democracy,” said Thompson. “The Supreme Court’s ruling to grant broad criminal immunity to the presidency runs counter to our country’s ideals, and I thank my colleague Rep. Joe Morelle for championing this measure to reinstate our rule of law.”

“Earlier this month the Supreme Court of the United States undermined not just the foundation of our constitutional government, but the foundation of our democracy. At its core, our nation relies on the principle that no American stands above another in the eyes of the law. I introduced this constitutional amendment to correct a grave error of this Supreme Court and protect our democracy by ensuring no president is ever above the law. The American people expect their leaders to be held to the same standards we hold for any member of our community. Presidents are not monarchy, they are not tyrants, and shall not be immune,” said Morelle.

Read the constitutional amendment below.

118TH CONGRESS
2D SESSION H. J. RES. ll


Proposing an amendment to the Constitution of the United States providing that there is no immunity from criminal prosecution for an act on the grounds that such act was within the constitutional authority or official duties of an individual, and providing that the President may
not grant a pardon to himself or herself.

IN THE HOUSE OF REPRESENTATIVES

JOINT RESOLUTION


Proposing an amendment to the Constitution of the United States providing that there is no immunity from criminal prosecution for an act on the grounds that such act was within the constitutional authority or official duties of an individual, and providing that the President may
not grant a pardon to himself or herself.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all
intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

‘‘ARTICLE—


‘‘SECTION 1. No officer of the United States, including the President and the Vice President, or a Senator or Representative in Congress, shall be immune from criminal prosecution for any violation of otherwise valid Federal law, nor for any violation of State law unless the alleged criminal act was authorized by valid Federal law, on the sole ground that their alleged criminal act was within the conclusive and preclusive constitutional authority of their office or related to their official duties, except for Senators and Representatives acting pursuant to the first clause of the sixth section of the first article.

‘‘SECTION 2. The President shall have no power to grant a reprieve or pardon for offenses against the United States to himself or herself.

‘‘SECTION 3. This amendment is self-executing, and Congress shall have the power to enact legislation to facilitate the implementation of this amendment.’’
Details
Written by: Lake County News reports
Published: 26 July 2024

US citizenship was forced on Native Americans 100 years ago − its promise remains elusive

 

Indian boarding schools intentionally separated Native children from their families and taught them to be ‘model American citizens.’ Humboldt County Collection Photos. Special Collections, California State Polytechnic University, Humboldt Library, CC BY-ND

The 100th anniversary of the Indian Citizenship Act has garnered little fanfare. Only a handful of news articles and events have commemorated the centennial of the law giving U.S. citizenship to Native Americans.

Perhaps that’s unsurprising. The legislation has little relevance to most American citizens, and many Native Americans were dismayed when President Calvin Coolidge signed it into law in June 1924.

American citizenship was not an aspiration for the first peoples of the United States, whose primary political allegiance was to their own nations.

Meanwhile, as I’ve covered in my research and teaching on federal Indian law, the Indian Citizenship Act was not a gift or benefit to Native Americans. It was part of a coercive larger effort to assimilate Native Americans into U.S. society.

From nation to assimilation

For centuries after Europeans colonized North America in the 16th century, Native Americans sought to remain separate and distinct from the settlers.

For a while, the U.S. government reinforced that intentional separation. From 1820 to 1850, the federal government had a policy of forcibly removing Native Americans from their homelands and segregating them on reservations in the Indian Territory, now known as Oklahoma.

By keeping Native Americans far from towns and cities, the U.S. hoped to maintain the distinct identities of tribes as sovereign nations – and ensure Native peoples remained non-Americans.

As U.S. ambitions for expansion drove the new nation to push farther west, however, the nation began working to assimilate Native people into American society. The U.S. wanted more land, including in the Indian Territory.

In 1887, Congress passed the Dawes Severalty Act, abrogating treaties that had guaranteed tribes and their citizens reserved lands in perpetuity. It broke up reservation lands into individual family allotments for tribal citizens and allowed non-Natives to buy land in the Indian Territory that remained unallocated.

The aim was to push Native peoples into becoming agrarian farmers. By encouraging them to abandon their traditional lives, lawmakers hoped to integrate Native Americans into the non-Native societies that were surrounding them.

Training ‘model Americans’

Of all the U.S. efforts to assimilate Native Americans, none was more notorious than the Indian boarding schools.

First established in 1879, these institutions aimed to remove Native American children from their families and communities, deny them the right to speak their languages and practice their religions, and train them to be model Americans.

Yet, Native Americans were not Americans in the eyes of the U.S. government. They could not vote in U.S. elections, freely sell their land or control their children’s education.

They were, however, eligible to serve in America’s wars. After an estimated 12,000 Native American solders fought in World War I, President Calvin Coolidge, inspired by their service, signed the Indian Citizenship Act into law.

Congress had crafted the legislation over the objections of many tribes. They recognized this unilateral imposition of U.S. citizenship as an infringement on their sovereignty over their citizens.

For lawmakers, that was the point. They wanted to take the assimilation of Native peoples to the next level, by making their Americanness official.

Layered citizenship

After 1924, Native Americans were left navigating a uniquely complex web of layered citizenships.

Most Americans, in addition to their national citizenship, are citizens of a state, a county and a city. Native Americans have all that plus another national citizenship – that of their tribe, which has its own laws and civic responsibilities.

Tribal citizenship is not about race or ethnicity. It confers a political status, one of citizenship in a tribe.

Unlike U.S. citizens, tribal citizens can lose their status.

As sovereign nations, tribes have the right to disenroll members, and they regularly do. About 80 tribes have removed approximately 11,000 tribal citizens from their rolls over the past 25 years over lineage questions, dual enrollment and other disqualifying factors.

The federal government can also terminate tribal membership by terminating tribes. From 1953 to 1970, in what became known as the Termination Era, the U.S. ended its government-to-government relationships with many tribes by withdrawing their federal recognition as sovereign nations.

Officially, this policy ended the tribes’ “status as wards of the United States” in order “to grant them all of the rights and prerogatives pertaining to American citizenship.”

Effectively, it nullified the existence of thousands of Native Americans. President Richard Nixon ended the Termination Era in 1970, leaving tribes and individuals to seek re-recognition in the courts or via congressional legislation. To date, 29 tribes have gotten their federal recognition restored.

Contributing citizens

Though U.S. citizenship was imposed without consent, Native Americans have come to terms with being dual citizens of the same country.

They have learned to navigate the complexities of living in two civic and legal systems simultaneously – with the ups and downs of both – and become active participants in American political life.

President Herbert Hoover’s vice president from 1929 to 1933 was Charles Curtis, an enrolled member of the Kaw Nation. More recently, in 2021, U.S. Rep. Deb Haaland, an enrolled member of the Pueblo of Laguna, became the first Native American appointed as secretary of the interior.

Native Americans have also served in every major U.S. military conflict, starting with the Revolutionary War. They have the highest per capita record of military service of all historically underrepresented populations.

Ely S. Parker, a Tonawanda Seneca, wrote the final draft of the terms of Confederate surrender to end the Civil War. The Code Talkers, who turned their Native languages into an unbreakable code, helped achieve U.S. victories in the two world wars.

Despite these contributions, Native Americans lag behind other U.S. citizens in almost every social and economic measure.

U.S. Census Bureau data shows the median income for Native Americans on reservations is $23,000 a year – 61% below the U.S. average. One in three reservation residents live in poverty, three times higher than the general population. In 2020, Native American students constituted less than 1% of college and university enrollment nationwide.

As these statistics reveal, U.S. citizenship has not guaranteed full access to all the riches and privilege of the United States. Indeed, it wasn’t meant to.The Conversation

Kerri Malloy, Assistant Professor of Native American and Indigenous Studies, San José State University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Written by: Kerri Malloy, San José State University
Published: 26 July 2024

CDFW completes 2024 waterfowl breeding population survey

A variety of duck species at rest on the water at the Yolo Bypass Wildlife Area. Photo courtesy of CDFW.

The California Department of Fish and Wildlife has completed its 2024 waterfowl breeding population survey.

The resulting data indicate the overall number of breeding ducks has decreased by 25 percent, while mallards decreased 12 percent, the most abundant duck in the survey.

“Despite another good water year, the lack of adequate nesting habitat, particularly in the Central Valley, continues to restrict waterfowl population growth in California,” said CDFW Waterfowl Program Biologist Melanie Weaver.

The complete 2024 California Waterfowl Breeding Population Survey Report is available at the CDFW website.

The total numbers of ducks (all species combined) decreased from 495,438 in 2023 to 373,864 this year. This estimate is 30 percent below the long-term average.

The estimated breeding population of mallards decreased from 202,108 in 2023 to 177,828 this year, while also below their long-term average.

The long-term declines are largely attributed to the loss of nesting habitat for ducks. Additionally, the impact of recent drought conditions likely have exacerbated these declines.

CDFW biologists and warden-pilots have conducted this survey annually using fixed-wing aircraft since 1948. The population estimates are for those areas where the vast majority of waterfowl nesting occurs in California, including wetland and agricultural areas in northeastern California, throughout the Central Valley, the Suisun Marsh and some coastal valleys.

The majority of California’s wintering duck population originates from breeding areas surveyed by U.S. Fish and Wildlife Service (USFWS) in Alaska and Canada, and these results should be available by August.

CDFW survey information, along with similar data from other Pacific Flyway states, is used by the USFWS and the Pacific Flyway Council when setting hunting regulations for the Pacific Flyway states, including California.
Details
Written by: Lake County News reports
Published: 26 July 2024

Firefighters work to stop fire near Robinson Rancheria

The Acorn fire. Photo by Tim Kennedy.

LAKE COUNTY, Calif. — Firefighters are working to stop a fire that began Thursday afternoon near Robinson Rancheria.

The Acorn fire was first reported at around 1 p.m. in the area of Manzanita Circle and Acorn Drive near Robinson Rancheria.

Initial reports from the scene put the fire at three acres with a moderate rate of spread, with a request for structure protection due to the nearby subdivision.

A Cal Fire tanker drops retardant on the Acorn fire near Upper Lake, California, on Thursday, July 25, 2024. Photo by Frank Blue.

Air support has been brought in from the Ridge fire east of Clearlake Oaks to help with stopping the blaze, according to radio reports. FlightRadar24 showed U.S. Forest Service tankers were working the site.

Cal Fire arrived on scene at about 1:15 p.m. and entered in unified command with Northshore Fire.

By about 1:30 p.m., the fire was reported to be between 15 and 20 acres. At that point, incident command requested five more engines, four dozers, four water tenders and four crews, with the Northshore Support Team requested shortly afterward.



The Acorn fire as seen on fire alert cameras supported through PG&E.

Firefighters also were reporting issues with people on Highway 20 at Reclamation Road blocking traffic, with the California Highway Patrol requested to respond.

At 1:42 p.m., the Lake County Sheriff’s Office issued an evacuation warning for zones UPP-E029 & UPP-E034. The zones can be seen here.

At 2:25 p.m., incident command updated the fire’s size to 75 acres, noting they are making good progress to get around the fire.

At 3:25 p.m., the fire was reported to be 151 acres.

Forward progress was reported to be stopped just after 4:30 p.m. 

On Thursday night, Cal Fire said the Acorn fire remained at 151 acres, with containment at 10%.

Additional information will be published as it becomes available.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

The evacuation warning zones for the Acorn fire. Image courtesy of https://protect.genasys.com.
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Written by: Elizabeth Larson
Published: 25 July 2024
  1. City of Clearlake lawsuit against Highlands Mutual Water Co. set to go to trial
  2. Thompson votes to pass 2024 Water Resources Development Act to authorize funding for Fourth District water projects
  3. Bureau of Land Management increases fire restrictions in Central California District due to high fire danger

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