| |
|
Sovereignty is the power of Indian tribes
to make their own laws and be governed by those laws. It is the right
of the tribes to have control over their reservations and people who
come onto those reservations. It is the right to enforce and have
protected those promises made to Indian tribes by the United States in
treaties and executive orders when the United States was appropriating
Indian lands. It is the right of tribes to protect their members and
the lands and resources that were reserved by tribes.
Sovereignty was not granted to Indian
Tribes – Indian tribes existed as sovereign governments long before
European settlers arrived in North America. Indeed, the sovereignty or
"nationhood" of tribes is affirmed by the very fact that the United
States engaged in treaty making with tribes. Congress, too, embraces
the concept of tribal sovereignty through its policy of Indian
self-government and engages in ‘government-to-government’ relations
with tribes.
The concept of sovereignty is at the
heart of Indian gaming. State governments in many parts of the country
have challenged tribal sovereignty in attempting to shut down gaming
operations. Some states don’t like the fact that Indian tribes can
operate as they wish within the borders of the reservation.
- Gaming on the Reservation is allowed
by Congress as a fundamental right of tribal sovereignty
- Just as the state of Washington
created a lottery system to raise needed government revenue, the
sovereign nation of the Colville Confederated Tribes has invested in
the gaming industry to build economic opportunity for members.
- The casinos contribute the most
significant portion of all the tribes’ business revenues.
- 30% of gaming employees are
non-Indian.
- Colville Tribal Casinos inject over
$7.5 million in payroll dollars into the local economy.
- Gaming supports 700 commercial
vendors from around the state.
- 80% of casino profits fund tribal
scholarship programs, counseling and health services, law enforcement
needs, community development projects, cultural programs, Tribal
Gaming regulatory services, TERO, etc.
The United States government has the
power to affect tribal sovereignty. Congress can abrogate a treaty
right or a right reserved in an Executive Order that has been ratified
by Congress. To do this, Congress must act clearly without ambiguity.
It cannot act by accident or implication. And, should Congress elect
to act and that action affects court recognized, vested tribal rights,
compensation under the Fifth Amendment to the Constitution must be
paid.
Unlike the United States, the
individual states have no power to affect tribal sovereignty and
tribal rights. States will not have power over tribes or tribal
members on reservations unless Congress acts to grant states that
power.
|