Indians Vs. The Constitution Essay

The community and local sheriff’s office in Santa Barbara County and some of the local government officials are having trouble with the idea of the tribal expansion and their selling of alcohol on their gaming floors. Those who oppose the casino’s newest legalization were quoted in the news article in saying that they are more concerned with public safety than anything else. Then, the tribe’s spokesman, Vincent Armenta (2015), has mentioned that Santa Barbara has many other casinos serving alcohol throughout the casino, and that there are several wineries, liquor stores, and bars serving alcohol to public, as well, so why is the Chumash being singled out. However, as it stands right now the tribe has a temporary license to serve alcohol on its gaming floor, and the expansion is still underway. But this is not the only issue to arise for the

Over 100 years ago, the Lumbee tribe of North Carolina pleaded for federal recognition. In 1956, an act relating to the Lumbee Indians of North Carolina was passed, giving the Lumbee tribe the acknowledgment of being of native descent. Recently, an amendment to the 1956 law has been put on the table under the name of “Lumbee Recognition Act.” This amendment will make the Lumbee Indians a fully Federally recognized tribe.  To be recognized as a legitimate native nation, a tribe must have political influence, possess membership criteria,

The existence of the Indian nations as distinct independent communities within the limits of the United States seems to be drawing to a close.... You are aware that our Brethren, the Choctaws, Chickasaws and Creeks of the South have severally disposed of their country to the United States and that a portion of our own Tribe have also emigrated West of the Mississippi--but that the largest portion of our Nation still remain firmly upon our ancient domain....Our position there may be compared to a solitary tree in an open space, where all the forest trees around have been prostrated by a furious

The Indian Gaming Regulatory Act (IGRA), passed in 1988, gave Native American tribes in the United States permission to institute gambling and gaming facilities on their reservations. The reservations, however, were required to be located in states that already allowed legalized gambling. Many states and

Power can be viewed as the ability to influence and/or control others. Another flaw about reservations is the fact that they are not totally governed by Native American representatives. The U.S. government actually has tight control over the majority, if not all, reservations (Perry, 2002, p 233). This tight control has left the Native American population powerless in terms of self- regulation. Despite the fact that Native American government do exist,

Chapter four A Creation Story introduces the Senate Bill 1365 now revised into two laws ARS 15-341 and ARS 15-710, Albert Hale former Navajo Nation president and Arizona State Senator introduced Bill 1365 in 2004. His intentions behind SB 1365 was to eradicate the so called mutual respect between dominant society and Native Americans specifically Dine people. In order for respect to be reciprocal dominant society needs to know who we are as Dine people as well as our history, government, culture and sovereignty. As the bill is transitioning through the process of being approved there were issues the AZ state board did not agree with. They only approved the history to be taught because they keep control of what they want society to know about us. Just like sovereignty as Native Nation we are semi-sovereign meaning we do not have all the requirements of a sovereign nation. But the two main powers we exercise is self –government, and taxing revenue through gaming. Native American has been a huge part of who we are as Native Nations the

Page seeks to explore Native American history through archaeological findings, legends, and tribal stories. He paints a picture of conflict between the tribes and the suffering that ensued from government involvement. He provides a realistic view of Native American life prior to Europeans, and more recently the revival of Native American’s resources as a result of the casino

Joseph Hamilton writes, “In Southern California, where my tribe calls home, disenrollment is common, in part because of big gaming revenues and internal power struggles. It is also a symptom of the breakdown of traditional tribal power structures. Simply put, some tribal leaders listen to lawyers instead of elders” (n.d.). The smaller amount of tribal members present constitutes more money for the remaining members (Stretten, 2014).

In a well-reasoned 26-page opinion by the Honorable Sherman J. Marshall, the Tribe’s motion was granted in its entirety. The Court held that Bettor Racing breached its contract for the management of the Tribe’s off-track betting operation at the Tribe’s Royal River Casino by retaining more revenue from the gaming operation than the contract allowed, and more than the maximum share permitted to a gaming manager under tribal

Indian Gaming was birthed in 1979 when the Seminole Tribe opened a high stakes bingo hall on their reservation in Hollywood, Florida and immediately, the state tried to shut it down. But they were resilient. The Seminole Tribe took the state to court and eventually won. A decision made by the United States Supreme Court in 1981 ruled in favor of the Seminole

Therefore, whenever a non-Indian commits a crime in the reservation lands, the natives may decide to deal with the case illegally using their tribal laws without involving the state police as required by law. In case the case does reach the state police, the Native Americans may refuse to cooperate in the investigation as most of them feel that their wasting time testifying as the non-Natives would never be prosecuted. One can safely conclude that the Native American’s lack of faith in the State police

So the profit can only be use to improve the education, welfare, and economic programs for Native American people. If they want to do anything else with the profit it would have to be approved first by the Department of Interior secretary (Indian Country Today Media network). The tribes get the profit only after the lenders and payout are paid first. In reality most Native American Indians don’t even profit from casinos at all.

This represents how important gaming is to tribes that are able to succeed in these types of businesses. Not only do tribes support themselves but also donate to nearby charities and local governments which directly impact them through legislation. I think Indian gaming can also be a negative, specifically involving IGRA because the more authority given to State government to manage Indian affairs in gaming, the more likely their sovereignty will be at risk resulting in miscommunication and weak relations with government. IGRA mainly resulted in giving state governments unprecedented authority over tribal gaming which required tribes to agree with the state to engage in gaming activities. I think tensions involving too much authority over gaming activities can be avoided by mutual understandings through amendments to help direct it towards a self managing

This is important because the Native American nation’s self-governance remains deeply ingrained in America’s jurisprudence. In turn, this provides a crucial backdrop against which analysis of any state law can be contrasted. A wide difference of opinion exists about the costs and benefits among both Indians and non-Indians. However, gaming on reservations has grown rapidly since 1988 with experts stating that the trend will continue the same way for some time. This means that the sovereignty issue remains the greatest significance for Native American tribes and state governments. State governments will be affected due to the newly-empowered assertions of Native American sovereignty. A good example is the recent ratification by California Senate and Assembly of the new tribal gaming compact. This case that was between the state and the Santa Ynez Band of Chumash Indians was a great revelation on how good work can be accomplished through government-to-government negotiations (Evans, Topoleski,

Tribal government gaming on Indian lands is significantly changing life for many of the more than 4.1 million American Indians in the United States. It has proven to be there first and most effective tool for economic development on sovereign, Tribal lands.