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indians and gambling

They are Native Americans who are trying to build better lives for themselves but are stopped in there tracks by the state supreme court. Proposition 5 passed in November of 98, which would allow more gambling in the Indian reservations. The proposition was ruled to be unconstitutional. Now the Indians are rebutting the fact that they are sovereign and the ballot was passed.

Under existing law, Indian tribes operate as semi-sovereign nations, and are liable under federal law only. Recently, the long-standing political and legal tension between the Indians and the government, which has characterized the relationship since colonization, has entered into the debate over tribal gaming. Indian gaming is not new to California. In fact, tribes have been performing gambling operations on tribal lands since the late 1970's. What began as a small-time operation with a couple of bingo games and card tables has grown into a lucrative industry. "There are currently no revenue estimates for tribal gaming, the best estimation is that Indian gambling generates hundreds of millions of dollars." (McCormick) Much of the current conflict can be traced to voter approval of Proposition 37 in 1984, which enact


The measure could result in a number of other states and local fiscal impacts, including an increase in law enforcement costs, potential savings in welfare assistance payments, and an increase in local infrastructure costs. We can not estimate the magnitude of these impacts. The state would incur costs for regulatory activity associated with the measure. These costs would vary depending on the number and size of Indian gambling establishments. As these state regulatory costs would be charged to the regulated tribes, the measure would result in no net increased costs to the state.

Proposition 5 creates a responsible and reasonable plan for Indian gaming now and for the future. Proposition 5 could strictly limit Indian casinos to Tribal lands without going over board. It can allow Tribes to keep the limited types of gaming we now have and allow other tribes to set up similar limited gaming. The are willing to share Indian gaming revenues with non-gaming Tribes for use in education, housing, health care and other vitally needed services, and dedicate revenues to support emergency medical services for all Californians, and to local communities near Indian casinos. Gibbon states that they are exempt form taxes, which is no true and they are regulated so that they do not take advantages of the state. Land can not be purchased and made into Indian ground. There are certain grounds that are for the Indian's. They are sovereign lands but the federal law regulates them. I would vote yes on proposition 5 because there are a lot of jobs on the line and because they are restricted to certain games. Its not like they do what ever they want to do.

Indian gaming began in the late 1970's with card rooms and bingo halls. (Levin) As these operations grew and expanded into profitable enterprises, tribal leaders clashed with state officials. Tribes began violating state and local laws, including regulations concerning licensing, hours of operation, frequency of games and the sizes of prizes offered. Using Public Law 280 as an enforcement mechanism, the State threatened to close down many of the casinos, asserting that the gaming tribes were violating state law. (La Farge) The Indians fought back, arguing that, as sovereign nations, California laws did not apply to their reservations. Ultimately, the Indians won in California v. Cabazon Band of Mission Indians (1987). In this case, the United States Supreme Court made a distinction between laws that were prohibitory and those that were regulatory. The Court held that Public Law 280 did not authorize state enforcement of a statute regulating bingo, since the statute was regulatory, not criminal. The court reasoned that since "California permits a substantial amount of gambling . . ., including bingo, and actually promotes gambling through the state lottery," the state's argument that tribal gaming contradicts public policy lacks merit. Further, the opinion noted the importance of "encouraging tribal self-sufficiency and economic development."(McCormick)

The present conflict between some California tribes and the Wilson administration concerns tribal operation of electronic gaming devices. The state asserts that these devices are slot machines and, illegal under California law. Many tribes contend that, as sovereign nations, they are not subject to state regulation. The state has demanded the tribes to cease their gambling operations and enter into an agreement with the state, which will allow "legal" tribal gaming. Some tribes have agreed to Wilson's demands, recently signing the Wilson-Pala Compact that provides state control of tribal gaming and also establishes a limit on the size of gaming operations. The majority of tribes have refused to agree to the terms of the Wilson-Pala Compact, however, claiming that it is inflexible and grants the state too much power over tribal affairs.

Even with these exemptions, tribal operations still generate tax revenues. For example, wag

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Approximate Word count = 2900
Approximate Pages = 12 (250 words per page double spaced)


  

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