The Principle of ‘Continuous Residence’, ‘North American Indians’ (v. Native American Indians)
July 22, 2014 § Leave a comment
July 22, 2014, (Originally posted 2012), Some were questioning use of term North American Indian v. Native American Indian; North American Indian is technically correct term to use for those who are members of tribes (bands) in USA (and Canada) that fit criteria of the following treaties; Jay Treaty and Treaty of Ghent. The treaties are reaffirmed in a couple of federal court cases.
The authority of North American Indian Status Cards that enables and protects the privileges of ‘continuous residence’ is a product of Jay Treaty and Treaty of Ghent both of which the USA remains party to and which have been reaffirmed in current case law.
Holder of North American Indian Status Card AND Blood Quantum Letters are entitled to travel, reside and conduct commerce throughout USA and Canada without additional references. The card holders are also allowed to conduct certain commerce essentially ‘duty free’.
Those ‘Canadian Indians’ in the USA that do not hold both North American Indian Status Cards AND Blood Quantum Letters, and/or do not have alien registration cards or US Citizenship may have to prove in US Court that there is relationship between their ‘Canadian Tribe’ and a US Federal Government recognized tribe, the US Federal Government recognized tribe having migrated from Canada to modern day USA before current geo-political borders between the 2 countries were established.