Tribes Gambled Away Sovereignty

Did the states of Nevada and New Jersey have to negotiate a compact with the federal government in order to have legalized gambling within their borders?

When Nevada and New Jersey proceeded to build casinos within their boundaries, did the United States government decide it was time to initiate a State Gaming Regulatory Act?

The answer to both questions is no.

Why not? Because the federal government considered both states to be sovereign entities perfectly capable of operating and regulating gaming within their boundaries.

Why then did the federal government believe it necessary to create an Indian Gaming Regulatory Act when several Indian nations decided to install gaming establishments on their lands?

The answer is probably more simple than most bureaucrats and politicians would have you believe. The feds, with a strong lobby from state governments, decided Indian tribes were children and therefore incapable of handling the responsibility of gaming in the fashion of Nevada or New Jersey.

By creating an Indian Gaming Regulatory Act, the feds effectively gave state governments jurisdiction over Indian nations where it did not exist before.

For the past 40 years, Indian tribes have been gaining strength in their status as sovereign nations. The United States Constitution, Article I, Sec. 8, paragraph 3, refers to Indian nations on an equal footing with state governments.

Suddenly, with the stroke of a bureaucratic pen, aided by some Indian tribes so eager to get into gaming they sold out the other tribes, the states were given the power to sign - or not sign - compacts with the sovereign nations within their borders.

That first Indian who applied the pen to a compact that gave state government jurisdiction - and who also agreed to pay taxes to the state government - should have that hand chopped off at the wrist because he set into motion a set of guidelines that have made it extremely difficult for every tribe attempting to follow suit.

By forcing sovereign entities to sign compacts with a state government that has no jurisdiction over them, the feds gutted their government-togovernment compact with the Indian nations and handed the power of censorship and control to the state governments.

By acquiescing and signing compacts, several tribal governments sold out their own sovereignty.

Nails are being driven into the coffins of gaming tribes one at a time. The latest one was pounded into the gaming request of the 34 Indian tribes of California. The U.S. Appeals Court for the Eastern District of California has ruled that the state “has no obligation to negotiate with the tribes on the proposed gaming activities.”

The editorial page editor of the Arizona Republic, Paul Schatt, sees this latest ruling from California as giving Arizona a second chance to “put the genie back into the bottle,” as the headline on his column noted. He wrote: “Only rarely does a state get a second chance at a major decision. The state felt trapped into allowing the growth of Indian gaming. The idea seemed popular at the time. Now, thanks to the 9th Circuit Court of Appeals, Arizona has a second chance to decide how much gambling it will have.”

The battle over Indian gaming will soon be taken up in the halls of Congress when several senators, particularly those from the states of New Jersey and Nevada, make another pitch to amend the infamous National Indian Gaming Regulatory Act during their next session. The amendments will not favor the Indian tribes of America.

The legislation could well be named the “Donald Trump Relief Act,” since “The Donald” stands to be one of the major beneficiaries of any curtailment of Indian gaming.

If Congress decides to severely hamper the Indian nations from freely operating gaming establishments on their sovereign lands, it could get ugly. All it will take is for one bold tribal leader to tell the state and the feds to go straight to hell. Do you suppose the National Guard and the U.S. Marines will be sent in to crush the Indian people?

I suggest the good senators and congressmen of this nation go back and read the U.S. Constitution again and focus in on Article I, Section 8.

It could save a lot of heartaches. I’ll lay you odds.

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