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#i guess there is technically some grounds for the justiciability of United States v. United States
signipotens · 1 year
Text
Observations:
No organic act has ever been passed by Congress to organize American Samoa
Pursuant to Rice v. Cayetano, Pacific Islanders, until such point as the United States Government chooses to recognize them as such, do not constitute a people with whom the United States has a trust relationship, and thus hold no Aboriginal title under the trust and authority of the United States
American Samoa, being both east of the International Date Line and east of the 180º meridian, is west of the Mississippi River
The Indian Removal Act of 1830 has never been repealed or overturned (while only sections 7 and 8 have been codified as 25 USC §174, Title 25 of the United States Code has never been enacted into positive law, and thus §174 merely supersedes the relevant sections of the Act and does not repeal it in its entirety)
Conclusion: Joe Biden can at any time divide all or some of American Samoa into territorial districts and then give those districts to any Indian or Alaska Native Tribal entity who wants them in exchange for equivalent Tribal territorial holdings (or other equivalent compensation) anywhere else in the United States
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