Indians Vs. The Constitution Essay

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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,…show more content…
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. Proposition 5 provides the terms of a tribal gaming compact and requires the Governor to permit any tribe to enter into the compact upon request. In general terms, Proposition 5's compact contains fewer restrictions upon tribal gaming than is provided for in the Wilson-Pala Compact and is more protective of Indian sovereignty. The differences relate to such diverse issues as the number of slot machines permitted, the type of games authorized, the degree of state involvement in regulating tribal gaming, employee rights, local community involvement, liability provisions, and the applicability of state health and safety requirements. Two constitutional concerns arise from the language of the proposition. The first is whether the proposition establishes a statute, or
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