In 1823 women weren't allowed to vote and Native Americans could be held like Africans, as slaves. But nowhere in the Johnson decision is the federal Constitution mentioned -- it talks about the Virginia state constitution, and the (unwritten) British constitution. The federal Constitution since 1865 has allowed due-process rights (13th, 14th and 15th Amendments) that are now extended to all citizens. I feel sorry for anyone investing in a proposed mine that plans to ignore Native American rights.
What's interesting is the Moss Mine, located about 40 miles west of Big Sandy. When they wanted to expand the gold open-pit area recently, they needed BLM approval. BLM went to the local Fort Mohave Tribe and made them a "cooperating agency" -- an important level of recognition. The Tribe then confirmed that the site had no cultural or religious significance. The lesson that might be learned from this is that if BLM doesn't expect objections, they welcome "cooperation;" if they do expect them, they refuse it.
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