As the ramifications continue to make themselves known, I pause to wonder: What impacts will now be felt by all of the many tribes, recently recognized, who then opened up casinos?
As we peel this political onion, a series of new questions arise: if taking land into trust for tribes recognized after enactment of the 1934 Act is not allowed.... then what about all of those areas where land WAS taken into trust in violation of that law? Will all of those efforts be declared null and void? Will the "sovereignty" of those lands suddenly be questioned? Will the commercial enterprises, including casinos, now all come under state and local regulation and law, since they are arguably no longer "sovereign?"
Tribes are talking about taking this to Congress. What can Congress do, Constitutionally, to "fix" this?
Article One, Section 9 prohibits "ex post facto law."
An ex post facto law or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law.
Does that mean that even if Tribes do buy the needed changes in Congress, that such changes will require Tribes to undergo approval AGAIN?
In a case like this, it seems not altogether likely that Congress might wave a magic wand and just reverse all of this.
Can states act on their own to preserve at least a version of "commercial sovereignty?"
It's fairly clear that Tribes own our governor. Will she view this as an opportunity? Are the tribal compacts now void?
In Washington State, race-based commericial enterprise advantages are prohibited by the enactment of I-200, the initiative that eliminated race-based preferences in government.
How can, for example, this state extend the ability of tribes to engage in casino gambling without extending the same privlege to everyone else?
These are just a few of the many questions that either no doubt have, or no doubt will be discussed in the near future.
Interesting times, these.
Excerpts from around the country:
It remains unclear how many tribes could be affected by Tuesday's ruling, but Richard Guest, an attorney for the Native American Rights Fund, said it could be dozens. Lawyers for Rhode Island believe several hundred tribes recognized after 1934 might now be unable to place new land into a federal trust without specific permission from Congress.
In neighboring Massachusetts, the Supreme Court ruling effectively blocks an effort by the newly recognized Mashpee Wampanoag Tribe to open a casino in Middleborough under a federal law that permits tribes to enter the gaming business, said attorney Dennis Whittlesey, who helped town officials negotiate a deal with the tribe on gambling.
Whittlesey said Congress could still amend the disputed statute for the benefit of tribes like the Mashpee Wampanoag and Narragansett.
01:00 AM EST on Wednesday, February 25, 2009
The U.S. Supreme Court ruling yesterday dealt a blow to the tribe seeking to build a casino in Southeastern Massachusetts, forcing it to seek congressional help with plans for a gambling venue near the Rhode Island line.
“It’s really absurd that the policy of the U.S. government would be to recognize the sovereignty of native tribes but not allow those native tribes to take land into trust,” said Cedric Cromwell, Mashpee Wampanoag tribal chairman. “It’s all a part of sovereignty.”
Cromwell said he will write to members of the Massachusetts congressional delegation asking them to intervene on the tribe’s behalf.
“We look for the Congress to correct what the court could not,” he said.
The Wampanoags won federal recognition in 2007, seemingly giving them the right to operate a casino. Their intent was to open an entertainment destination of slot machines, table games, a hotel, golf courses and other attractions by next year in Middleboro, about 30 miles from Providence.
The casino would be similar to the complexes in Connecticut run by the Mashantucket Pequot and the Mohegan tribes and be a direct threat to the two slot parlors that provide Rhode Island with millions in gambling revenues.
Independent News For Mohegans and By Mohegans
Responding to today's landmark U.S. Supreme Court ruling, Connecticut attorney general Richard Blumenthal said that no more land will be taken into trust as reservation land for the Mohegan and Mashantucket Pequot Tribes.
Blumenthal called the decision "historic" and will bring to an end the ability of the state's two federally recognized Indian tribes to have land "taken off the tax rolls."
Once the United States takes land into trust for Indian tribes, the land cannot be taxed.
The Mashantucket Pequot Nation, however, said the Supreme Court decision doesn't affect them.
The Mohegan Tribe has not yet reached the 700-acre limit (not including the Fort Shantok property) the Tribe was guaranteed upon its settlement agreement.
Currently, the Tribe's Reservation includes the 158-acre Fort Shantok property and about 350 acres of other property. The Tribe submitted an application last September requesting the federal government to add 49.75 acres to the Reservation.
Included in the 49.75 acre application are: 1) the Tantaquidgeon Museum and adjacent property upon which is the imprint of Harold Tantaquidgeon's longhouse, 2) six parcels that include or are near the former Trading Cove Pizza property, which is largely now a parking lot, and 3) five properties on Broadview Avenue. All but one of the 16 parcels are currently owned by the Tribe.
Including Fort Shantok, the Mohegan Tribe's Reservation is 508 acres. This does not include the 49.75 acres in the application or other land owned by the Tribe but not held in trust, such as the Cochegan Rock property and the Shantok Apartment complex on Sunny Hill Drive in Uncasville.
No comments:
Post a Comment
If I cannot identify you, then your post will be deleted.
No threats (Death or otherwise) allowed towards me or anyone else. If you have allegations of misconduct, they must be verifiable before I will publish them in comments.
Enjoy!