ObamaCare Loophole Tactic

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El_PAso

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While searching for work as a teacher in a non secular environment I expanded my search to include Native American tribal schools that would be less beholden to the current progressive attitude in a typical US public school. Be that as it may I came upon the Preference Act of 1934 (Title 25, USC, Section 472) that I was unaware of. This Act allows Indian Reservations to discriminate, hire Native Americans before better qualified non-NA.
Other privileges are granted to NA’s such as use of peyote and NA can process eagle feathers both of which would be steep felonies for non-NA’s.

I can see the need for this and agree with it but it got me to thinking…if certain “special interest groups” can be granted exemptions from federal laws why is it so unreasonable to make allowances for obamaCare insurance contraception mandates for Christian groups?

In fact why shouldn’t any matter of conscious be grounds for opposing mandate type laws?

I understand the US/NA relations are mired in centuries of treaties etc but only point out the basic fact federal laws may be circumvented for special interest groups and wonder if this argument is put forth in those such as the Little Sisters?

I was just thinking…

El paso
 
While searching for work as a teacher in a non secular environment I expanded my search to include Native American tribal schools that would be less beholden to the current progressive attitude in a typical US public school. Be that as it may I came upon the Preference Act of 1934 (Title 25, USC, Section 472) that I was unaware of. This Act allows Indian Reservations to discriminate, hire Native Americans before better qualified non-NA.
Other privileges are granted to NA’s such as use of peyote and NA can process eagle feathers both of which would be steep felonies for non-NA’s.

I can see the need for this and agree with it but it got me to thinking…if certain “special interest groups” can be granted exemptions from federal laws why is it so unreasonable to make allowances for obamaCare insurance contraception mandates for Christian groups?

In fact why shouldn’t any matter of conscious be grounds for opposing mandate type laws?

I understand the US/NA relations are mired in centuries of treaties etc but only point out the basic fact federal laws may be circumvented for special interest groups and wonder if this argument is put forth in those such as the Little Sisters?

I was just thinking…

El paso
Good question.
 
While searching for work as a teacher in a non secular environment I expanded my search to include Native American tribal schools that would be less beholden to the current progressive attitude in a typical US public school. Be that as it may I came upon the Preference Act of 1934 (Title 25, USC, Section 472) that I was unaware of. This Act allows Indian Reservations to discriminate, hire Native Americans before better qualified non-NA.
Other privileges are granted to NA’s such as use of peyote and NA can process eagle feathers both of which would be steep felonies for non-NA’s.

I can see the need for this and agree with it but it got me to thinking…if certain “special interest groups” can be granted exemptions from federal laws why is it so unreasonable to make allowances for obamaCare insurance contraception mandates for Christian groups?

In fact why shouldn’t any matter of conscious be grounds for opposing mandate type laws?

I understand the US/NA relations are mired in centuries of treaties etc but only point out the basic fact federal laws may be circumvented for special interest groups and wonder if this argument is put forth in those such as the Little Sisters?

I was just thinking…

El paso
Tribal lands and the Native Americans who live on them are not “special interest” groups but rather constitute a sovereign nation.
 
Tribal lands and the Native Americans who live on them are not “special interest” groups but rather constitute a sovereign nation.
…sort of…?

😊

I’m no expert on the subject, not being an NA myself, but I do recall that Native American land claim thingies are handled by the Department of the Interior, not State.

Maybe it’s like Greenland with Denmark. Again, I’m not an expert on the subject.
 
While searching for work as a teacher in a non secular environment I expanded my search to include Native American tribal schools that would be less beholden to the current progressive attitude in a typical US public school. Be that as it may I came upon the Preference Act of 1934 (Title 25, USC, Section 472) that I was unaware of. This Act allows Indian Reservations to discriminate, hire Native Americans before better qualified non-NA.
Other privileges are granted to NA’s such as use of peyote and NA can process eagle feathers both of which would be steep felonies for non-NA’s.

I can see the need for this and agree with it but it got me to thinking…if certain “special interest groups” can be granted exemptions from federal laws why is it so unreasonable to make allowances for obamaCare insurance contraception mandates for Christian groups?

In fact why shouldn’t any matter of conscious be grounds for opposing mandate type laws?

I understand the US/NA relations are mired in centuries of treaties etc but only point out the basic fact federal laws may be circumvented for special interest groups and wonder if this argument is put forth in those such as the Little Sisters?

I was just thinking…

El paso
Indian reservations are not special interest groups but their own nation having a treaty with the US government.
 
Tribal lands and the Native Americans who live on them are not “special interest” groups but rather constitute a sovereign nation.
No they are not sovereign nations. The US defines them as “domestic dependent nations” at best.

Sovereign nations don’t have to get permission to have casinos or in the above instances I noted.

But this is not about that… its the fact federal laws can be circumnavigated for just purposes. I suggest 2 NA religious instances in Eagle feathers and peyote. These exemptions would not be granted for recreational uses and apply only towards religious/cultural uses.

ELPaso
 
…sort of…?

😊

I’m no expert on the subject, not being an NA myself, but I do recall that Native American land claim thingies are handled by the Department of the Interior, not State.

Maybe it’s like Greenland with Denmark. Again, I’m not an expert on the subject.
Not sort of, but exactly. Regardless of who in the U.S. cabinet deals with them, they are considered sovereign.

With that thought in mind, if the natives would have seen Europeans in the same light Americans see Syrians, they would not have allowed the European refugees in:D
 
Not sort of, but exactly. Regardless of who in the U.S. cabinet deals with them, they are considered sovereign.

With that thought in mind, if the natives would have seen Europeans in the same light Americans see Syrians, they would not have allowed the European refugees in:D
Obviously this is going sideways but I love a debate…

Native American tribes/reservations are NOT sovereign nations! They have limited self government. They are more akin to states but even lack that standing as they don’t have senators etc…

Definition of sovereignty:
The supreme, absolute, and uncontrollable power by which an independent state is governed and from which all specific political powers are derived; the intentional independence of a state, combined with the right and power of regulating its internal affairs without foreign interference.
Sovereignty is the power of a state to do everything necessary to govern itself, such as making, executing, and applying laws; imposing and collecting taxes; making war and peace; and forming treaties or engaging in commerce with foreign nations.

Some points are met but not to the level of sovereignty. Not even close.

I won’t comment on the unfairness of this. It’s just how it is…

Re. the Syrian analogy. The reservations could be welcoming Syrians right now! We don’t need to imagine what “would have happened” So far I have read nothing about taking in any refugees…
EP
 
For the purposes of the discussion, the Tribal Nations are treated akin to the way states are treated, for the most part, in terms of their relationship with the Feds.

The example of the tribal nation exemptions is probably more similar to the Feds saying California is exempt from the ACA mandate for contraception provision, versus a specific group of people.
 
For the purposes of the discussion, the Tribal Nations are treated akin to the way states are treated, for the most part, in terms of their relationship with the Feds.

The example of the tribal nation exemptions is probably more similar to the Feds saying California is exempt from the ACA mandate for contraception provision, versus a specific group of people.
Yes, it is more like what you are stating.

Another thing people need to realize is that in order for a person to qualify for any of the things mentioned in the OP is that that person must be a registered member of a tribe. No matter how much blood they have in them (I’m 3/4 American Indian) if they do not hold a tribal registration card the tribes do not consider them a member. My dad’s family calls us their white relatives–because we are 1/4 Irish and never registered as tribal members. We do qualify, I think all that is required to register is proof of 1/8 or 1/4 blood, but that might vary by tribe too. All of us were given a Lakota name but dad never registered us. It is possible for me to do that now myself as an adult but I don’t really know if I ever will. I don’t know if registering with my dad’s tribe is alright because what about my mom’s? They are two completely different nations and at this point I don’t feel right about choosing one over the other. Adoption laws for children with tribal rights is also highly regulated.
 
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