54.) U.S. Court of Appeals decision- Shenandoah v. Halbritter 2004, Court quotes in its decision- Alexander Hamilton's warning about "disenfranchising any number of citizens...at pleasure...no man can be safe, nor know when he may be the innocent victim of a prevailing faction". (5 min. read)

 This is when Oneida Indian Nation citizens brought a court case against Bureau of Indian Affairs Representative- Halbritter, for tearing down their houses. The same action Bureau of Indian Affairs Representative- Halftown, did to Cayuga Indian Nation citizens.

The following passage includes the court's context for using Alexander Hamilton's quote. This is taken from the website "Tribal Courts in New York: Case Study of the Oneida Indian Nation."  282-page PDF, 25MB's. Information on court case will follow after quote. Here is the context and quote from the court's judgment in this case:

" *93 In holding as we do, we do not unmindfully of the following warning of Alexander Hamilton quoted in United States v. Brown, 381 U.S. 437, 444, 85 S.Ct. 1707, 14 L.Ed.2nd 484:

' if [a] legislature can disenfranchise any number of citizens at pleasure by general descriptions, it may soon confine all the votes to a small number of partisans, and establish an autocracy or an oligarchy; if it may banish at discretion all those whom particular circumstances render obnoxious, without hearing or trial, no man can be safe, nor know when he may be the innocent victim of a prevailing faction. The name of liberty applied to such a government, would be a mockery of common sense.'

If this danger exists in cases such as the instant one, the presence of twenty or thirty Indian women engaged in prayer in the courtroom and adjoining hallway when this appeal was argued is some indication of its possible existence, Congress should consider giving this Court power to act.

This judgment of the District Court is here by AFFIRMED.

All citations

 366 F .3rd 89"

(End of quote from court decision: Shenandoah v. Halbrittner, 2004)

Specifics of this court case as follows: 

366 F.3d 89

United States Court of Appeals, Second Circuit.

Maisie Shenandoah v. Raymond Halbritter

No. 03---7862

Argued: March 2, 2004,

Decided: April 2, 2004.

Synopsis Background: Residents of Indian reservation brought action-seeking habeas corpus relief under Indian Civil Rights Act (ICRA), alleging that tribe's housing ordinance was used to retaliate against the residents for their resistance against tribal leadership. The United States District Court for the Northern District of New York, 275 F.Supp.2d 279, Mordue, J., dismissed. Residents appealed."

( end of specifics of court case)

Offered for your consideration and discussion in your circle.

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