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Justice System
The First Peoples of Texas / The Sovereign Nation of Tejas Indians
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Today at Law
Understanding the Concept of Law
Law is the word of rule and the understanding of such rule, written or other wise conveyed as words given to governing a society of its ways - thus dictation of society's ways and thus its traditions, customs and rules as to how to handle transgressions and how societies settle disputes. History shows the basics rule of law comes down to a basic show and thus a use of and force of a contest of arms for transgressions. Thus the law of survival it is primitive and yet unwritten but very well understood. Thus of such contest in life is the basic contest of survival of life and limb, which are governed by these basic rules as set down. Society has evolved to incorporate degrees of such use of force to direct, and dictate such actions, and reactions to such measures of transgressions, thus to take away freedoms of a person which steals for a time is a punishment of such transgression. To take life and limb from that person for such transgression is another concept of the same measure only to different and varying degrees. It is the basic understanding to right such wrong by that concept of an eye for an eye and a tooth for a tooth. A need for a understanding of justice equally an unilaterally dispensed for all persons in society for the common good of the whole has been developed. This concept is known as law. to do so evenly and equally regardless of statute or stature, with out predetermination of such position of where one stands in society is a concept known as Justice. With out getting into such technical difficulty as to explain law and such complexes of the history of law and its concept, we will use a simple approach and thus In the United States of America there are (4) general systems of law of which three are European thought based in concept. These systems today utilize a court and judges for rulings to settle such disputes civilly, of such by contest of wit, wisdom and knowledge and thus no longer by contest of arms. In medieval times where there was someone to champion a cause - a physical contest of arms between such champions was judged, and ended the conflict. Some say the sport of jousting developed over such contest- the thought was the one whom fougnt the bravest and won was the one that was just and right and developed the art of a dual between nobles to settle personal matters as not to cause a major war between estates. The fourth concept is a understood as universal law that of the Sovereign and as such are the basic laws of most civilizations. These are concepts of law, and in each society you will find the basics of these concepts:
The most basic laws shall be found in earliest of times which come from the early Middle East, which expanded to that of European culture. The basic laws of instinct that of survival is apparent in all creatures- the thing that distinguishes man from animal is the thought of, he not only having spirit also possesses a living mortal soul- this is a basic though of native- sovereign law - thus having both spirit and a mortal soul man has duty to morally live upstanding before his Creator which gives him the breath of life and living waters, to drink. In the earliest of times, the laws you may find are as such the Ten Commandments. Prior to that was that of the concept of written law was given by the Babylonian kings in the early Euro civilization periods of the Caesars' of Rome, the Pharaohs of Egypt and the Art of Modern thought of the Greeks. Yet the laws of those Kings and Caesars are a development of European culture, and such standard which influences law even today. If you were to follow the Ten Commandments as implied, you would probably not find yourself in trouble with the law or in trouble with others. Thus the laws given are common for the good of society, and thus some refer to them as common rule of law. However, they were received, thus not to question such as to the origin of such laws, they have been as such to be followed thus the common good of man is protected. Each Society contains such basics of these ten ideas and rule of law. These laws and concepts are utilized to keep the general peace of the land. Thus lesson conflict to a minimum, orchestrating such limited use of force of arms against the perpetrator and not the whole society or family of which that person belongs to. The most common is that of common law which that of Spanish and English origin is what most of the nation is familiar with. Common law is such as law which was understood and implied law of the land of which the very common man was subject to. And thus rule was in a lower court of the land, sometimes called a tinkers court, for the rule did not apply to the nobles. The common man's rule of law this common code was that of subject duty to one another, thus stealing was stealing any where you would go, such punishment of such was any thing from loss of hands to death. Depending on the culture and that of the rule of law extended to the common man, thus where the nobles were concerned and thus money was more involved. The Nobles had their own set of rule of law which was applicable only to them and thus their vassals had the common law as given by such noble. There is as such another forum of laws which set a standard to rule that of the European French, called Napoleonic or Imperial law, which was a set of laws of standard of justice which dictated how such common laws were enforced, through out vassal kingdoms. This is now a Federalist concept of government. In Texas for the most part, for European Settlers (whites and those which migrated with such Euro descendants) all laws are that of common law. Even today, each marriage, unless specified by a special certificate is that of a common law marriage. If a marriage is noted of different certificate, and registered as such thus the rule of marriage and its dissolution is treated different with protections given to both parties, and their families. The Common law is as such now uniformed code applicable to all, and as such the most familiar of common law is that of keeping the peace of the land. The next is that of Noble law of which origins are yet again European based. Spanish and English nobility system where there were nobles which were subject to a king of such the nobles had vassals which were their subject of rule of law, The Nobel law kept to a code of what was to be called chivalry developed by the French standard - and as such dictated as to ones manner and presence; thus it dictated as to how one noble was to treat with another, and thus how each estate of each noble was directed and as such it was to be settled at times by also rule or force of arms if needed. at times such contest delivered the sport of jousting. Thus the vassals were pressed into such militia to enforce the noble rule and thus settle conflict between nobles at times. These nobles utilized attorneys or other hired persons with the expertise in the use of weapons and tactics. In the times of court such attorneys were placed in contest with one another in mortal battle to champion a cause of wrong doing; thus the duel to settle such disputes between nobles was developed. Imagine if today that the lawyers had to don armor and physically fight out the battles of those that they champion their cause- The third type of law was that of Kings law, or known as Colonial law of which the king ruled his colonies of nobles. His or her lesser vassals through Sovereign law this was also recognized as the rule of law of the land of the kingdom of such as the King the Sovereign Noble ruled from his/ her court as Sovereign in persona. Thus His or Her word and will was law of the land. This brings us to Sovereign law of which Tribal Nations are to be understood from a European Standard: as such a Chief was king and as such noble and thus his rule was law. Thus the customs of the Chief were, and are interpreted as law, under the chieftain and council systems. Added to this was a new concept for the Europeans, a Council rule ( committee) both combined set the stage as to balance each other giving the community justice equally. Sovereign law has a three tiered system - of such we are familiar with and utilize today - local, state and federal or national - for the greater good of society or group. Thus interoperated as; municipal/county or local or home rule - which is subject to State rule of law - district court - thus a vassal of the Federal system of law, thus the state is dependant and a subject to Federal code which is Noble law - and as such Sovereign with in the world community. Each nation is looked upon as Sovereign, its leader however appointed the Sovereign or king of such Nation- is that of the head of state. The system of justice in the US is based upon a system which has three common levels - and one Sovereign level. These are Local, State and Federal. The Sovereign forum of law is like the Tribal justice System and is built upon and as such an older forum and unique to each Tribal Nation. Each Tribal Nation is its own entity. Each Tribal Nation is as its own Sovereign Country or Sovereign Nation State with in its own rights, and has its own laws and customs. Through these Treaty laws, or agreements which were made with the Colonial Federalist the Federalist are to support and assist such Tribal nations, and their protectorates in their enforcement of such law as rule thus the Tribal Nation is only subject to their own law and the basic common laws of health and keeping the peace. The United States Supreme Court has only limited jurisdiction as to Indian law, and can not rule on Tribal codes which are only subject to Sovereign law of that Tribal Nation. However, the Tribal Codes of law may not violate such civil liberties as given as to a United States citizen. Thus the Constitution of the United States and the Bill of Rights are applicable to all through out Indian Country. Tribal nations and its laws are not subject to or inferior to that of home rule, and that to state law. However to note such common rule of law of: keeping the peace, and public health may be concurrent in such jurisdictions where the two would meet thus a Tribal Nation does has jurisdiction over a State and home rule Courts as well as limited federal authority to over turn certain rulings of State Judges if such involves the Tribal Nation in that manner. This jurisdiction is known as Comity of court - of such of by authority of Original jurisdiction for the Tribal Nation it is its own, thus a Tribal Nation is a Sovereign State or Nation to its self thus as of such no other court in the land may overturn a Tribal courts decision, or have such over Tribal Matters unless specifically acted upon by a full measure of congress. This would call for certain measures to be taken by Congress inclusive of, but not limited to, as such Congress will have to meet as a full blown court with all of its members present and come with a unanimous desision to over turn such Tribal Supreme Courts rulings. The last time congress met as a court like this was in 1776 - and the impeachment hearings of a president. Thus the power of a tribal nation and its courts have comity of court and original jurisdiction over certain matters of the states for they were there before the states and carry weight with in the international community as Sovereigns. In the Texas Constitution declares such as the State may not detract from or lesson or any court in the land already in existence. Nor does the state have the power to dissolve such courts. Common questions:
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