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- EDITORIAL 8/6/99
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Remember, a beautiful life is merely prayer in motion, and a world without
prayer has no center to it. God bless us all.
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TRIBAL SOVEREIGNTY
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As I go through my travels around this country and around the world, I'm
still surprised at how many people still don't grasp the issues facing
indigenous peoples here in America, with regard to sovereignty. While this
is something that should be taught more clearly in the school system, it
seems that it is written about enough that adults should at least have a
working knowledge of how this works.
- Remember in the Pledge of Allegiance
where it says 'One nation, under God, indivisible.....etc"? This
phrase was nullified when Congress embraced the Constitution's Article 1,
section 8, which grants indigenous nations tribal sovereignty. In other
words, each reservation or federally recognized tribal land is a separate
nation, within the walls of the United States of America. Not states,
Nations. Fully capable of legally operating their own governments,
militaries, commerce, etc. They are answerable to no one but themselves. The
caveat is that all tribes or nations receive federal assistance for various
programs, they do have culpability if they are to continue to receive such
monies. Some nations have begun issuing their own passports for
international travel, and still others are issuing their own license plates
for those living on the reserve. Most of the nations have their own tribal
police forces, and only Federal felony cases can be prosecuted off the
reservation, for crimes committed on the reservation. Even this issue is
finally approaching a moment in the concerns of Congress.
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With the current upsurge in gaming, indigenous nations are building casinos
faster than non-Indians can drive, fly, or walk to them. This creates a cash
flow for the nation. That revenue quickly gains the attentions of various
state governments. Who in turn attempted to pass laws stating that tribes
cannot build casinos without signing agreements with state governments. In
other words, the state wanted a portion of the money generated by the
casino, and to have the ability to regulate said casinos.. Kinda like
America wanting to regulate Germany for having a casino for non-Americans,
if the casino had slot machines printed in English.
- Fortunately, the United States House of
Representatives saw through this mess, so they passed legislation preventing
states from forcing tribes to work out agreements with them prior to
building casinos. Then the states wanted to tax the revenues generated by
the casinos.
- Dale Kildee, D-MI,and J.D. Hayworth, R-AZ, sponsored a bill
that would prevent this from happening. Hayworth pointed out that if the
government taxes tribal revenues from gaming, then they also have to tax
their own state lotteries. Their bill passed 217-205. Close, and close
enough. Now some state governments take the approach that gaming devices may
not cross their state lines, in order to prevent tribes from being able to
receive shipments of gaming materials. Could that mean if Nebraska passed
such a law, that trucks carrying gaming devices couldn't drive through
Nebraska on their way to South Dakota? Conceivably, yes. No wonder
America's newest white wine is "Why can't we have casinos?
- Now what should the tribes do with
the funds gathered from the casinos? First, it's important to understand
that while the casinos definitely take in money, a great percentage of that
money goes to management teams that administer the casino's day to day
operations. Few tribes manage their own properties. That is slowly changing.
For now, those shared profits are staggeringly huge, with the tribe usually
being on the lesser side of the partnership. The costs of maintenance,
advertising, expansion, etc are also quite large. But what should be done
with the 'net, net'?
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It is my suggestion that these monies be used to invest in other business
ventures, assuring the tribes of diversified income and a strong future for
the times when gambling/gaming loses some of it's flash. Bet on it, the
money will continue to roll in, but at a slower, lower pace in years to
come. As an example, the Choctaw/Mississippi Band has invested some of
it's profits from gaming into an auto parts manufacturing factory in Mexico.
The mean income per tribal member jumped from less than 2000.00 per year, to
24,500.00 per year in the past few years. The Navaho Nation has invested in
cellular phone technology, as have the Ottowa and Chippewa Nations. The
Onieda people have invested in gaming, and it's paid off in a screen
printing business, a marina, hotel, 6 convenience stores, and a world
renowned newspaper, "Indian Country Today".
- In other words, these nations recognize
that the gaming issue will always be there, and have created hedges against
lean economic times, and against a radical Congress and Senate that may one
day attempt to take away all forms of indigenous support. In fact, last year
the Onieda's turned AWAY a 2.6 million dollar assistance program, telling
the Fed to give the money to more needy nations. The Mohegans did the same
thing. Education is the answer to most of the problems facing the various
tribes, but economic diversity and tribal sovereignty are ultimately
tied together. Within the next few generations, tribes will need to become
self sufficient in order to maintain their national status. In order to
obtain, maintain, and improve upon these resources, tribes will need
educated children, strong lobbies in Washington, and a united front.
Currently it is the modus operandi of the United States government to keep
tribes at verbal and economic war with each other. Native people can unite
without losing tribal and cultural identity. This unification will send an
even stronger message to the United States government that the various
nations of Native America are still here, and quickly utilizing the powers
granted in various treaties, and taking advantage of the powers granted in
the Constitution of the United States of America.
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