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VERY Important Case

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  • George Daniel
    From -- http://supreme.justia.com/us/455/130/ U.S. Supreme Court Merrion v. Jicarilla Apache Tribe, 455 U.S. 130 (1982)
    Message 1 of 1 , Jul 13, 2008
      From -- http://supreme.justia.com/us/455/130/

      U.S. Supreme Court

      Merrion v. Jicarilla Apache Tribe, 455 U.S. 130 (1982)
      Merrion v. Jicarilla Apache Tribe
      No. 80-11
      Argued March 30, 1981
      Reargued November 4, 1981
      Decided January 25, 1982*
      455 U.S. 130

      ". . .
      The Tribe's role as commercial partner with petitioners should not be confused with its role as sovereign. It is one thing to find that the Tribe has agreed to sell the right to use the land and take valuable minerals from it, and quite another to find that the Tribe has abandoned its sovereign powers simply because it has not expressly reserved them through a contract. To presume that a sovereign forever waives the right to exercise one of its powers unless it expressly reserves the right to exercise that power in a commercial agreement turns the concept of sovereignty on its head."

      WOW! THAT means "We The People" as SOVEREIGNS are NOT required to "expressly reserve the right to exercise that power in a commercial agreement"!!!

      So WHAT does THAT mean, regarding all the "adhesion contracts" into which we entered during our lives???

      George

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