Saturday, July 20, 2013

DISMANTLING: The Doctrine of Discovery and US Citizenship

Memes of Caste and Colonization
"White Hispanics" and "White Mexicans"
Constructs of US Citizenship and Nationality 
“In People v. Pablo De La Guerra (1870), attorneys for the state attempted to deny the political rights of a citizen by arguing that he was not part of the population who received citizenship under the Fourteenth Amendment.  Though De La Guerra won the suit and was able to prove that his Indian lineage was too insignificant to rescind his classification as a white person, the state supreme court ruled that the Fourteenth Amendment did not apply to Mexicans who were clearly of Indian descent.
La Familia by Joaquin Chiñas
If Mexican immigrants wanted to become naturalized, they had to prove they were eligible to apply because they were White, they also had to prove they were not Indian because the naturalization eligibility excluded Indians.  In effect the naturalization process discouraged Mexican immigrants from asserting their Indigenous heritage within the legal system.”

By Martha Menchaca, P. 279, 282

Fast forward to Florida and the Trayvon Martin murder trial against George Zimmerman: 

Compare and Contrast

Context 1848-2013
The Eurocentric Construction of the ‘White Hispanic” and “White Mexican” constituencies of US Nationals

People v. de la Guerra
A US Court History of Racial Profiling, Citizenship and Nationality

As you read through this piece, consider these questions:

"How can full rights of US Citizenship equal to the WHITE "PERSON" be conferred upon Indigenous Peoples, when the very jurisdiction of the USA on the continent is based upon the 1823 Johnson v. McIntosh Supreme Court decision that upholds the 1492 Doctrine of Discovery (corollary: The Monroe Doctrine) in assertion of Racial Supremacy of the European-American White Race (AKA Christendom) against the Human Rights and Territorial Rights of the Indigenous Nations and Pueblos of the "non-person" (AKA SAVAGE TRIBES) of the entire continent according to US law?

What does it mean when the colonized pursues equality with the colonizer WITHIN the colonizer’s DOMESTIC systems of law and civil rights?

What would it mean if the colonized pursued EQUALITY WITHIN THE INTERNATIONAL SYSTEM of International Law and Human Rights, integrating along with all other colonized peoples of the world into the global movements of DECOLONIZATION and SELF DETERMINATION?
Like “White Hispanic” George Zimmerman in 2013, Pablo de la Guerra presented himself as a “White Mexican” in 1870.  Who does the current political elite managing the DOMESTIC version of US Immigration Reform advocates present themselves as, in terms of colonizers and colonized?
The origin of the Latino Americano identity is in France.  The “Hispanic” construction of US nationals as political ploy of capturing constituency was delivered via Bebe Rebozo and the Nixon administration in the 60’s.  Within well established norms of International Human Rights Law, the Issue of Rights of Mexicanos in the Treaty of Guadalupe Hidalgo territories as Nican Tlacah is not simply a matter of US Civil Rights mechanisms intended to administer regimes of ‘EQUAL PROTECTION”. 

Equal to what?

September 13, 2007 United Nations Declaration on the Rights of Indigenous Peoples:


"As a final point, Kimberly asserted that the court's interpretation of the treaty's Article IX would conflict with the California Constitution. The latter, he argued, discriminates by race while Article IX does not; only white male Mexican citizens were allowed to be state electors under the California law. The court saw nothing wrong with this potential conflict:
“The possession of all political rights is not essential to [United States] citizenship….[I]t is no violation of the treaty that these qualifications were such as to exclude some of the inhabitants from certain political rights.” Put another way, the court recognized that California, as a separate political entity of the United States, had the power to grant different rights to its citizens than the federal government might."
The Treaty of Guadalupe Hidalgo: A Legacy of Conflict
People v. de la Guerra
Anchor Babies of 1492
The Masters' Narrative
Memes of Caste and the Anomoly of Histories

No comments:

Post a Comment