Indians have legal right to run own affairs
By: JIM TRAGESER | ∞
We just can't stop sticking it to the Indians, can we?
We Europeans showed up -- uninvited -- and killed what Indians we could, stuck the rest on land so bad that nobody else wanted it (and that the Indians couldn't possibly feed themselves off of), and then placated our consciences by telling ourselves that the Indians were now sovereign nations.
Only we don't really treat the reservations as their own countries, do we?
For decades, the U.S. government dictated that schools on Indian reservations couldn't teach their own languages in their own schools.
And we've always reserved the right to overrule Indians' own decisions on how best to run their lands, their supposedly independent nations.
Locally, a three-judge panel has overruled the trial judge and decided that a lawsuit claiming local gaming tribes haven't paid the state enough money (tinyurl.com/26523c) can go forward after all -- this despite the fact that the tribes and the state are in agreement that the payments have been honest and aboveboard. But one non-Indian didn't like the amount the Indians are paying and sued, and so now the case is headed back to trial.
Yes, the payment schedule was included in a deal the tribes signed with the state.
But that agreement itself was coercive, with the federal government telling the tribes they couldn't host casinos on their own "sovereign" lands unless they agreed to the deal with the state.
It may not be quite as offensive as the government telling the Makah nation they can't hunt whales any longer, but it's still an impressive display of hypocrisy, double-dealing and plain old dishonesty.
If the tribes are sovereign nations, then they get to set their own rules and too bad what their neighbors think. We don't get to tell Mexico to shut down its casinos -- why should we get to tell the Indians what to do?
By treaty, the tribes own their reservations without, well, reservation. By our Constitution (tinyurl.com/9rqso), a treaty is the law of the land -- so long as it does not violate the Constitution.
I do not believe anyone has successfully argued in court that the treaties with the various Indian nations granting them sovereignty over their lands violate the Constitution.
Rather, we simply act as if these treaties do not exist. Or at least that they exist only so far as they don't inconvenience us. Beyond that, we seem to feel free to ignore them. Practicality and all that, don't you know.
The tribes ought to be allowed to do anything they want on their lands. Period, end of argument. We stole this land from them, and any of us who aren't Indian have no right whatsoever to complain about the casinos, whale hunts or anything else the Indians do. They want to put nuclear waste dumps on their reservations, that's their business.
You don't like the casinos, don't go to them. Don't like the hunting of non-endangered species, don't eat the meat.
But at least have the honor to respect the legally granted right of the Indians to run their own nations.
Contact columnist Jim Trageser at (760) 631-6628 or jtrageser@nctimes.com.
More Stories
Advertisement
Brian wrote on Sep 13, 2007 5:44 AM:What about the additional expenses the State incurrs, such as traffic to state highways and law enforcement? Any other business in the State of California pays thier share, why shouldn't the tribes? Be real IT IS A BUSINESS, WITH BUSINESS COMES FINANCIAL RESPONSIBILITY!!
Paleface wrote on Sep 13, 2007 6:55 AM:OK, although I'm no more personally responsible for the mistreatment of Indians than I am for the terrorist attacks on 9/11, I'm not going to stand in the way of their sovereign rights and the prosperity on their own lands. Likewise, I would like to protect my own land from impacts from other lands, so I suggest we put up a fence and require proper documentation, searches, and everything else necessary to protect our interests. Just like Mexico, huh Jim?
Brian wrote on Sep 13, 2007 9:35 AM:Nice piece. I agree wholeheartedly. I may link to it from my Law School blog.-
The Great myth... wrote on Sep 13, 2007 9:59 AM:Like many North Americans, some of my ancestors were Indians, but I am white. Yet, I believe, if you cannot defend your land, it was never your land to protect. Unlike some American Indian leaders would have you believe, that Indians were all united under 'The Great Spirit,' many Indian tribes raided other more 'civilized' tribes that did settle the land, build homes and practise agriculture. They raped, murdered and enslaved other tribes. Others were nomads... primitive hunters and gatherers. No better than the Scottish clans or the Vikings or less civilized European cultures of the past. Did the Europeans kill Indians 200 or 300 years ago? Yes. Did Indians kill Europeans. Yes. One ethnic group was no better than the other. It was kill or be killed - just ignorant humans killing each other over land, much of which hadn't even even been explored or settled. As a mostly white man with some native blood, do I feel guilty or responsible for history? No, I do not. Should I pay for the sins of my forefathers? Which ones? My native forefathers or my white ones? Still, it is the height of arrogance for one ethnic group, which claims to have never believed in land ownership in the first place, to ever lay claim to all of North America. Since this column suggests Indians can do whatever they want and are not subject to federal law, does this mean Indians have some kind of ethnic immunity to charges for felonies like murder and theft? No, I don't think so. They are NOT above the law. They are simply property owners and proprietors, like the rest of us. Indians use the roads, schools, fire and police and are defended by the U.S. military and every other government service funded by non-native American taxpayers. And, Indians also claim every right of citizenship. You can't eat your cake and have it too. Indians should contribute the same amount of taxes and abide by the same laws as everyone else. They should have no 'special' right to own and run casinos.-
re The Great Myth wrote on Sep 13, 2007 2:28 PM:I would agree with most of what you said, but as a legal matter they do have the right to run casinos. You may not agree with that right, for good reason, but nontheless, they have a right to run the casinos. Sadly the casinos are the tribes own demise. Tribes without the riches of casinos have a much better sense of their culture and language. Once the excesses of gambling arrive culture goes out the door. It is disgusting what has become of local indian culture, dwarfed by alcohol and meth.
And so it continues wrote on Sep 13, 2007 2:53 PM:The Indians do pay taxes and they do contribute to society in the way of jobs to the "white man", pay for infrastructure (roads) pay for police,etc and I say all the more power to them. If I choose to play at their casinos instead of Vegas that's my business. No one is forcing me. Also, they are not immune to our laws and remember also that many gave their lives for this country.
This is PC... wrote on Sep 13, 2007 2:54 PM:This article elevates political CORRECTNESS to new heights... You can call Indians sovereign if you want but you can bet the ONLY reason that Indians are running casinos is because other Americans LOVE casinos. If the Indians were running cock fights or dog fights, the federal government would shut them down! If they are sovereign, why don't the Indians just print their own money? Sounds like the lawyers know where the money is - IN THE CASINOS. The lawyers will get rich and nobody else. Interestingly, it was not every European settler in America that drew up the Treaties. You can bet it was LAWYERS and POLITICIANS.
Mitigate the impacts! wrote on Sep 13, 2007 4:10 PM:Indian casinos impact all the areas around them. Traffic is terrible out there and dangerous! The tribes should absolutely have to pay impact fees to help mitigate the traffic their casinos invite. That being said, there should be an agreed upon formula so there is no question of the amount of fees being paid. If there's a formula, that's objective, not subjective or open to interpretation. And I agree with The Great Myth. You can't have it both ways. Indians use all our infrastructure so they need to obey the same laws as the rest of us. Any developer putting in a casino would be forced to put for all the impacts resulting from it.
Cathy wrote on Sep 19, 2007 7:59 AM:How funny, even after all these years, non-indians still don't have a clue as to what Native American's have and are still paying for, from the invasion of Europen's. One word: Treaties, even through the US Congress is currently trying to eliminate us by taxing our land, even through 90% of us are still living below the poverty level. We don't all have Casinos! The ones who do pay through the nose: to the State and local governments. Tribes have paid for New roads, New fire departments that serve EVERYONE and additional Sheriff positions. Gaming tribes also hand out millions to charity not to mention all the jobs that our businesses have created for Non-Indians. Some of the readers sound like they think we should just take our lumps and like it. If that were the case I could understand that type of mentality but we are still being victimized. I guess everyone liked it better when we were isolated, poverty sticken, had no voice and just died quietly. My people are still suffering from your invason. If our Casinos bother some of you so much maybe YOU should do the moving for a change. La Jolla Tribal Member -
Mike wrote on Sep 22, 2007 4:43 PM:It is frustrating to see so much ignorance being expressed by folks who clearly don't have a clue about the issues they are so passionate about. Before you all start popping off negatively about Indians and casinos, learn something about history, treaties, taxes, Indian law and reservations. Many of the misconceptions and untruths expressed by the readers above could be cleared up through education. Palomar College has some excellent classes that can close this gap of misunderstanding. Arm yourselves with facts and you might start seeing things differently.
SRM wrote on Sep 24, 2007 8:25 AM:HERE, HERE CATHY, SO TOTALLY TRUE, IT'S ABOUT TIME THE TRUTH COMES OUT. SO, WHERE YOU GUYS GONNA START PACKING. ANOTHER, LA JOLLA TRIBAL MEMBER....-
U.S. Citizen wrote on Nov 30, 2007 8:36 AM:How many Native American's are dying quietly? How many American citizen's are currently stealing your land by killing you? I can see that it is hard for a tribe to pay for a road, but that is your government. Maybe you can just join the U.S. government and get some funding. Well, technically the tribes are already funded by the U.S. Government; I.E. the U.S. Citizens. So rather then complain, I "Thank You" would be nice. P.S. I didn't steal any land or kill anyone...
Lil Blonde wrote on Jan 31, 2008 9:32 PM:I totally agree, because it's their land and they have a right to do whatever the ____ they want to do to it.
jack wrote on Mar 23, 2008 6:45 PM:Indians in the past adapted to the US cultures and for that the government killed them anyway and tried to exterminate them. They were driven west more and more each year until The Us reached the Pacific and decided there was no room for them. Treaties kept the few that survived on reservations. That is the truth. Indians got the worst land and many tribes don't even exist anymore to this day. How would you like it if all the Irish were gone? That's what indians have had to go through. Nothing is perfect but Indians are not to blame for the misdoings of the past. The present problems are made by the rules set by the US government; so people need to stop complaining and think of a way to compromise things; just don't blame the Indians.
First name only. Comments including last names, contact addresses, e-mail addresses or phone numbers will be deleted. Attempts to misrepresent your identity or impersonate any person will not be approved. All comments are screened before they appear online, so please keep them brief. Comments reflect the views of those commenting and not necessarily those of the North County Times or its staff writers. Click here to view additional comment policies.
Today's Stories
Advertisement

