And now:Ish <[EMAIL PROTECTED]> writes:
From: Pat Morris <[EMAIL PROTECTED]>
Attorney General: Voting by Indian representatives unconstitutional
http://www.boston.com/dailynews/254/region/Attorney_General_Voting_by_Ind:.shtml
By Associated Press, 09/11/99 14:20
AUGUSTA, Maine (AP) The Maine Attorney General's office says giving the vote to the
Legislature's two tribal representatives would violate the state and U.S.
Constitutions.
Assistant Attorney General William Stokes appeared Friday before a panel that is
examining the issue, amid a new push for voting rights by members of the Penobscot
Nation and Passamaquoddy Tribe.
Members of the two tribes say they cannot have full representation without the power
to vote on new laws. But Stokes said giving the vote to a representative of about
2,000 Indians would violate the ''one person, one vote'' principle of the U.S.
Constitution, since other lawmakers represent about 8,000 people.
The tribal representatives can speak on the floor, but are barred from voting on
legislation or in committee, under current regulations.
The panel, called the Committee to Address the Recognition of the Tribal Government
Representatives of Maine's Sovereign Nations in the Legislature, will hold more
meetings before reporting back to the Legislature.
The group has few precedents to go on, since Maine is the only state with tribal
representatives.
Richmond resident Donna M. Loring, a representative of the Penobscot Nation who sits
on the study commission, noted that the Indian nations predate both the state and
national government.
That means they have enjoyed special ''government-to-government'' relationship that
could justify voting rights for the tribe's representatives, she said.
Princeton resident Donald G. Soctomah, representing the Passamaquoddy Tribe, suggested
that obstacles in the state constitution could be removed through popular referendum.
The Maine Constitution says lawmakers must be elected by popular vote to cast votes on
legislation, but Indian representatives are elected by tribal vote.
Penobscot Nation attorney Kaighn Smith said the ''very soul'' of Indian culture is the
ability to self-govern. Giving their representatives the full vote has ''tremendous
potential'' for alleviating the tensions between the tribes and state government, he
said.
But that's more say in state government than some tribes have, such as the Micmac and
Maliseet tribes.
Maliseet Chief Brenda Commander said representation could help ease the tribe's
problems with police protection and taxes.
She said local, state and county police departments are often confused about who
should respond to tribal emergencies, and Houlton officials have demanded full
taxation for a tribal low-income housing project, complicating funding for additional
projects.
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