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ICYMI: Montana Political Reads, Ides of March Edition

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  • As to the CSKT agreement and Taylor’s concern there is precedent from Washington state concerning privately owned tidelands and shellfish harvesting.,3693748

    When it comes to the Ides of March, I can’t think of any more important issue than education. Not just Caesar has died marking this day.

      • That settlement was between commercial harvesters and the Tribes. It did not address entering upon private land without permission of the landowner. I believe that was the thrust of Taylor’s warning about the CSKT agreement.

        • It might have been the thrust of Taylor’s warning. Unfortunately, Taylor simply asserted that the compact allows members of the CSKT to enter private lands without permission. He didn’t cite any authority, any statute, any court decision, any statement by a CSKT attorney. He just said that if the compact is approved, a bad thing will happen. Perhaps he believes that because he once served in the legislature, we should take him at his word and not ask questions. I think he needs to back up his statement or withdraw it, and I think it’s eminently reasonable, especially given the seriousness of his assertion, to demand that he explain himself.

          Incidentally, the shellfish dispute involves a Stevens Treaty (the Medicine Creek Treaty), but that treaty’s language contains a reference to shellfish not found in the Hellgate Treaty that’s the nexus of the CSKT compact.

          Readers not familiar with the shellfish dispute will find it interesting. For 135 years, the Nisqually, et al, did not assert in court their treaty based right to take shellfish in the tidelands of Puget Sound. During that time, the state of Washington sold tidelands to private citizens without advising them that the title to the tidelands was subject to the treaty — and the federal government failed defend the rights of the tribes as was its duty. Thus when the federal district court ruled for the tribes in the early 1990s, the tidelands were developed, the shore was occupied, and there was no way in many cases to prevent tribal members from crossing private land to gain access to private tidelands. Worse, the court ruled that the tribes had the right to access natural shellfish beds that lay under cultivated shellfish beds.

          The cases were appealed to the 9th Circuit, where they were largely upheld, and then to the U.S. Supreme Court, which denied cert in the spring of 1999. That led to the agreement concluded in 2007. As Craig notes, the agreement is imperfect. That’s not surprising given the circumstances. I suspect the situation will evolve for years, perhaps decades, before all the issues settle out.

          There are three takeaways for the shellfish dispute we should consider. First, although the rights reserved to the tribes were not asserted for 135 years, they were not extinguished by the absence of assertion. Second, federal courts interpret treaties with Indians according to canons that are very much in the favor of the tribes. Third, non-tribal members who litigate these issues who believe that an increasingly conservative judiciary will start handing down anti-Indian decisions, or that an increasingly conservative Congress will terminate reservations and abrogate these treaties, are very much deluded.

          Opponents of the CSKT compact should be mindful of the legal landscape and history.

  • Yup. I think he’s describing the Teatard inbreds! Spend a half hour in front of any Walmart and watch the fat, lardassed, Jeezus luvin’, patriotic inbreds who pass through those doors, and you will begin to understand what he’s talking about. The new ideal American needs BOTH those doors to get their fat asses through! And they’re poopin’em out like pancakes! Kids that is. Sad, so sad. It didn’t have to be this way. Jeezus, guns, and chinnese SH*T at Walmart! What more do you need???

    • BINGO! I think that this is one of the more petite inbred Walmart shoppers that make up SO much of the teatard inbred crowd! I seen her comin’ outta Walmart today with a weeks supply of chips, Mt. Dew, and cigarettes! Draggin’ the fat little inbed behind! Diabetes is just SO patriotic, es PECIALLY when we got pay for all these fat bastards to be on dialysis! I know. I see’em daily. I work with them. And they ALL hate the darky in the White House and LUV them sum Jeezus! Go figure! Darky bad, Jeezus good, and WE getta pay gaz ZILLIONS to keep’em alive! Ain’t that Murca! FREE THE SOUTH! Send all the inbreds back to their ancestral home! It’s time.

      • Inbreds on parade! I agree with that bumper sticker I saw that says FREE THE SOUTH! Yes, let’s “free” the south! And yes, all the southern inbreds who moved here to Montana should now go back home! We’re gonna FREE you morons from all your hated federal gummint money! Think about that. No more of that hated federal gummint money period! Just guns, flag wavin’, and JEEZUS! Thas all you need, and all you’re gonna git!, ’cause you’re morans! (sp) REAL America (and Montana) can do without inbred morons like the Pastor Bulbdim clan, and Ms. Lammpoon, and Ms. Kris Handscum, and Ms. Fiddler, Birther Bob, Gen. Robert E. Skees, and all the OTHER outta state inbreds in our Lege! For you see, INBREDS are the only ones who don’t work! Hence, they go to the Lege. All Dems I know are our working their asses off! And have no time to serve in the Lege. Hence, all we get is the big panucci! And really, when you think about it, Panderin’ Randy Panucci has spent his entire LIFE bustin’ a panucci! And it shows!

  • I think what finally got me kicked off the cow’s site was that I was too unrelenting in my attacks on that no good fascist/racist son of a bitch bibi the netanf*ckyou! But guess what. I was right! Now look where we are. Folks, it not just me. If you didn’t listen to all the horse sh*t on the so called American family values radio channel today, you would have NO idea what I’m talking about. Bibi and his likud party have thoroughly infiltrated the jeezus jumpin’ inbreds in our congress. It’s really, really flucking pathetic! The fascist/racist bibi tail is now truly wagging the inbred DOG in this country! Time to wake up. WHY are we funding and supporting these racist apartheid asshoooles? I don’t get it. Someone help me out.

    Saw a great bumper sticker today on an inbred’s truck here in GF.
    “Free the South”! How appropriate. And I agree! FREE the inbreds! Let them go it alone. Call it Inbredistan! And cut off ALL aid! We’ll see how long these morons can survive on Jeezus, guns, patriotism, racism, and ST000pidity alone! I’m thinkin’ not long.

    • We’re ALL izrailees now!, or as I like to call it, bibi’s bitches! For nuthin’ says Murcan patriotism like racism and fascism! And really, when you think about it, isn’t that what our founding fathers intended, a little pissant fascist/racist tail of a country wagging the American big dog? I think so after listening to all the gop inbreds in congress! Son of a gun. How did I miss all that in history class? And why is the Mooselim traitor in the White House spewing such hate toward the chosen? After all, THEY’RE CHOSEN to be the racist, fascist, nazzzi warmongers for Jeezus! It’s simply liberty, liberty for all. REMEMBER THE LIBERTY!
      What a sad bunch-o asshoooles the ReePubes have become.

  • I have always maintained that anyone who believes the earth is four thousand years old is an idiot, and I still do. Need proof? Well, listen to Pee Wee Daines’ first “major” speech as a senator. What a joke. He treats the audience to his grandma story fercrhrissakes! Really? The grandma story again? WTFaaaaa?? THAT’S why we sent you to D.C., Pee Wee? To regale your fellow senators with your grandma stories??? What a buffoon! Oh and yes, now that Pee Wee’s a senator, he’s STILL railing against the D.C. crowd! Even though he ARE one! Idiot!
    Bottom line? Not one piece of substance! It was his basics stump speech! It took Pee Wee eleven whole minutes to say what I could have said in one decent fart! He must be waiting for the Big Kockh talking points to come! And we thought sen. cornhole burns was the dumbest man in the senate! Boy were WE wrong!
    Be proud of what you sent there, Montana, for it’s only going to get worse!

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Don Pogreba

Don Pogreba is an eighteen-year teacher of English, former debate coach, and loyal, if often sad, fan of the San Diego Padres and Portland Timbers. He spends far too many hours of his life working at school and on his small business, Big Sky Debate.
His work has appeared in Politico and Rewire.
In the past few years, travel has become a priority, whether it's a road trip to some little town in Montana or a museum of culture in Ísafjörður, Iceland.

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