Sure, if you make the case based on the Establishment clause and try to sue your way to creating them. Legitimate Native Americans have tried to sue their way i

Sure, if you make the case based on the Establishment clause and try to sue your way to creating them. Legitimate Native Americans have tried to sue their way into their own nations and it's been thrown out. But I'm not. It's based on Congress' Plenary Authority over the Indian Nations. Congress can modify the rules however they see fit, including creating a new class. That was a good question.