Indian Gaming Regulatory Act Case Study

The condition and destiny of the indian tribes within the limits of some of our states have become objects.

Some of the negative impacts are that casinos bring crime, creates addicts, and brings more traffic to the community. Many people believe that casinos will bring crime to the area that the casino is located which may be true but in most cases, there is no new crime that hasn’t already been going on in that community. Casino owners realize that having a casino may bring crime but they take the suitable steps to make sure that it doesn’t happen in the community. Depending on the location some casino may bring more traffic, the community needs to understand that it may bring more traffic but the result of more traffic or an increase in population is bringing revenue to that community and helping local business owner such as gas stations, restaurants, local hotels/motels, and shopping more profits. Many different things in the world have addicting qualities. Just because some people cannot control themselves when it comes to gambling that doesn’t mean everyone should be punished. “The solution is not limiting the freedom of others because of the problems of a few. The solution is helping those who suffer from compulsive gaming to recognize their problem and learn how to deal with it” (Basham). Things such as video games, watching television and fast food can be addicting. They all have their own place, but the clear majority of people can control themselves. In the case

American Indian culture included gambling for many centuries. More than 100 tribes were known to play different versions of dice games before the Europeans settled in the United States. In the United States, gambling on Indian reservations has become quite common. There are 225 tribes in 28 states who operate some sort of gaming facility. Gambling on reservations was initially established to promote economic development in order to increase the standard of living. It was seen as a way to increase income on poverty-stricken reservations. (Momper 2010)

Power can be viewed as the ability to influence and/or control others. Another flaw about reservations is the fact that they are not totally governed by Native American representatives. The U.S. government actually has tight control over the majority, if not all, reservations (Perry, 2002, p 233). This tight control has left the Native American population powerless in terms of self- regulation. Despite the fact that Native American government do exist,

In the early twentieth century oil and gas lead the US government to form a Navajo business council. Herbert J. Hagerman was hired by the US government to lead Navajo tribal councils and run the meetings. (Lee, 2010) In the 1940’s the Navajo nation changed tremendously. They no longer raised sheep or livestock, instead thousands of Navajo people went off to find wage labor to supplement their income instead. The tribal council industrialized itself. (Lee, 2007) In the 1970’s the Navajo nation was reorganized and the reservation had someone in control of the nation. Peter MacDonald was elected chairman of the council and made new powers direct the Navajo government. In 1998 the tribal council passed a Navajo Nation Local Governance Act that allowed local matters to be made by local level people, allowing more local authority. The current government structure is now an agency to the Navajo society, yet it is non-Navajo nature, and the people of Navajo have never sanctioned it. Today the Navajo Nation doesn’t have the self sufficient powers it once did. Congress and US Supreme courts have limited the powers of the tribal government. . Today, Supreme Court decisions still keep the Native Americans from having their ability to self determine, and give the Native Americans limited sovereignty. (Lee, 2007)

The current generation of Native Americans does not deserve reparations for what happened to their ancestor because it is unreasonable to say that the current generations of Native Americans are disadvantaged due to the large revenues they generate from gambling. In the United States today, Native American gaming comprises casinos, bingo halls, and other gambling operations on India reservations or other tribal land. These areas are all have tribal sovereignty, which means that states have limited ability to forbid gaming there because of the Indian Gaming Regulatory Act of 1988. Due to the negative affects from large revenues of gambling, Native Americans should not receive reparations for their land. Currently, almost half of American’s

This is considering that some tribes have been highly successful with building gambling casinos on their reservation land, and their economic conditions have

was as much a part of a miner?s possessions as was the pick with which he

There are many ways Indian Gaming effects local and regional economies. It can be argued that it has been very beneficial. It can also be argued that it has been a detriment. Since 1988, when the Indian Gaming Regulatory Act was passed, it has been providing a means of income for the tribes that participate. Indian gaming is beneficial to tribes and surrounding communities because it creates economic stability for the tribes, provides well-paying jobs, and economic benefits for surrounding communities and the state.

The Indian Gaming Regulatory Act was passed in 1988 by Ronald Regan (Davis 4.3.). This act was shaping for compromise between US federal government and Indian tribes. Also, Indian tribes hope to be able to protect their own sovereignty, and the US government was tended to regard gaming under their control. According to the “Casino Roots” by Jessica R. Cattelino mentioned, “it is a powerful image, yet one that renders gaming resources external to indigenous economic and political action. Similarly, studies of casinos "impact" on indigenous communities implicitly render gaming as a capitalist project that acts upon indigenous peoples (1).” The government passed this policy purposed to promote the development of tribal economies and avoid the

The Indian Act is still considered to be an extremely invasive and historically paternalistic piece of legislation in that it gives the Canadian federal government the authority to regulate important aspects of aboriginal life that were once governed by the aboriginal people. This authority encompasses control over the political system, cultural and traditional practices, possession of land, and even goes as far as setting a criterion to be considered as a status Indian.

Along with the Supreme Court’s 1987 decision in California vs. Cabazon, the passing of the Indian Gaming Regulatory Act of 1988 has made gaming a significant part of tribal economic development. Gaming has brought about economic self-determination for Native Americans for the first time in over two hundred years (Neath, 1995). Over two hundred of the United States’ 544 federally recognized tribes have established gaming on tribal lands (Neath, 1995). However, along with the economic profits, Indian gaming has brought many Native Americans back to reservations after many years of living off-reservation.

A second historical tradition is whites refusing to give non-whites the rights they legally possess. Laws were passed that forced Indians to conform to white institutions, convincing Indians they were the world’s stupidest people. The history of Indians was manipulated to fit the needs of the intermediaries. Deloria hypothesizes that Indians are probably invisible because of the tremendous amount of misinformation about them. Understanding Indians means understanding Indian affairs. However, there exist many myths about Indian affairs. To address “Indian problems” task force reports are demanded. “The conclusion of every task force report is that Congress is not appropriating enough money to do an adequate job of helping Indians” (Deloria 1969). Paternalism is a favorite subject of task forces. However, government paternalism is not a serious problem, while private sector paternalism is. The problem is that since no one asked the churches, white interest organizations, and universities to come, it’s hard to ask them to leave. Over time tribes have discovered that they must band together to make themselves heard. Indians have two mainstream organizations; The National Congress of American Indians and The National Indian Youth Council. Tribes have also found that by handling problems amongst themselves they are more successful than when trying to adapt to the white value system. However,

The new imbalance in power between whites and Indians grew from a conscious and long-pursued federal policy designed to turn Native Americans, through annuity payments, federal control of the fur trade, and the “civilization” program, into tractable dependents of the United States.

Adding to Native American casino fortunes, their casinos are likely to increase over the next few years. It is noted that several states are reaching agreements to allow the introduction or expansion of Native American casinos because of the additional revenues they can provide. This increases the Native American casinos opportunities and consitutes a high barrier for new entrants. The major source for this entry barrier is the cost disadvantage independent of scale regarding the favorable government polices vis -a -vis the Indian Gaming and Recration Act of 1988.