There is a very basic principle here that is being totally ignored. Virtually every one of those issues is irrelevant to the case at hand. When you or I go to buy a piece of property, money is spent on a title search to determine if the property actually has a clear title to sell. Some anomaly 50, 100, or more years ago could potentially halt the sale and transfer of the property. Some title searches go back to the original land grant from the US government (i.e. no statue of limitations). What happened in Serbia, Bosnia, the African slave trade (nothing more than kidnapping), etc., has nothing to do with this issue.
I’ll make it really simple. I’ll (for the purposes of argument only) allow for the Doctrine of Discovery promoted by Chief Justice John Marshall. That way we can just start with treaties to which FedGov was a party. Those are legal documents just as much as a land grant some white family’s ancestors received from FedGov 100+ years ago. Once granted, passage of that time is irrelevant. Yet treaty encroachments have been protested continuously, and the far more powerful US government has forcefully prevailed virtually every time – simply because there were biggerstronger.. I mentioned the 1851 and 1868 Ft. Laramie Treaties in an earlier post above. How did they become irrelevant here?
You or I would have clear title to property honored, yet Indians have no such protection. I fail to see how that’s even remotely appropriate, legally, ethically, or morally. But even disregarding that as well, the overreach by law enforcement, strong and active suppression of journalists attempting to cover the story, and the complicity by other so-called journalistic outlets in selectively covering the stories, should be appalling to any student of the Constitution. It seems not to matter unless or until it’s suddenly on one’s own doorstep with a battering ram and black-suited figures in full combat gear ready to break in and steal your own rights at will. Legal title to land is just that – except in the case of Indians, apparently. I stand on that.