The Interrogation of Hummingbird: A Qualitative Overview of Traditional Systems Oppression of the Oklahoma Indians

Abstract

Historical analysis of the dominant Oklahoma tradition and custom belies a theme of willful intent, organized, systematic oppression, theft, and killing of Indians. This tradition is grounded in racism and greed. Today, this perspective continues — even after Supreme Court decisions in McGirt v. Oklahoma (2020) and Sharp v. Murphy (2020), cases that acknowledged Oklahoma Indian territory had always persisted. Through the separation of powers doctrine and the U. S. Constitution’s supremacy clause, its own Enabling Act and state constitution, Oklahoma is subordinate to most federal and international law relating to Indians. This paper connects Oklahoma’s law-breaking tradition to its founding.