question of “whether Indians are recognized as a tribe”). Subsequent Supreme Court decisions have rejected the idea that any litigation involving Indian affairs "necessarily entails non-justiciable political questions.” See County of Oneida v. Oneida Indian Nation, 470 U.S. 226, 249, 105 S.Ct. 1245, 1259, 84 L.Ed.2d 169 (1985), and cases cited therein. This court need not decide, however, whether it would follow Bruce's reasoning since Bruce is distinguishable on its facts. 10 . The District construes the phrase “Indians not taxed” to mean Indians living on the reservation, since the Enabling Act apparently prohibited the State from taxing reservation land. See Act of July 16, 1894, ch. 138, § 3, second, 28 Stat. at 108. See also Elk v. Wilkins, 112 U.S. 94, 102, 5 S.Ct. 41, 45 (1884) (<HOLDING>). 11 . Section 231 states that the Secretary of
holding that prosecution of defendant in the united states for hostage taking based on acts committed outside the united states did not violate due process holding that the plaintiff must demonstrate that defendants contacts with the united states as a whole support the exercise of jurisdiction consistent with the constitution and laws of the united states holding that the commandant of the united states disciplinary barracks and the united states are identical parties recognizing federal constitutional claim against the united states holding that the fourteenth amendment which makes persons bom in the united states and subject to its jurisdiction citizens of the united states and requires that representatives be apportioned among the states based on population excluding indians not taxed did not make an indian a citizen of the united states