[EMAIL PROTECTED] writes:


Hi Sue,

>Sue Hartigan <[EMAIL PROTECTED]> writes:
>
>
>Hi Terry:
>
>Perhaps you can explain something to me then.  Right now we are having
>an election coming up and on the ballot there is a thing where you can
>vote as to whether the Indians should be allowed to keep gambling on the
>reservations.  If they are a soverign nation, or if they fall under the
>government, how can we decide as a state if they should or should not
>have their gambling?

Technically you can't.  Legislatures can pass any laws they want but they
can be unenforceable.  The same is true of ballot initiatives.  You might
remember Oregon twice passed assisted suicide law initiatives before it was
permitted.  The battles over medical use of marijuana continue in San Francisco.

If it is determined enough to do it, a state could end nearly all gambling
on reservations simply by blockading it.

>Personally I think we should just leave the Indians alone.  But then
>again I don't know that much about this gambling thing.
>
>Sue
>> >Hi Terry:
>> >
>> >Thanks.
>> >
>> >I *thought* that Indian reservations had their own laws.
>> 
>> Hi Sue,
>> 
>> They do indeed.  The problem arises mostly with their jurisdiction over us
>> forked tongues. :-}  There are many battles here in New York with state
>> authorities.  At times the state has even threatened to blockade the Indian
>> reservation to attempt to get its way.  It is really the federal government
>> that has jurisdiction in disputes.
>> 
>> >We have a lot
>> >of them around here, and that is why they can have gambling when the
>> >rest of the state can't.  But is it really because they are under
>> >federal law, and not state law.
>> >
>> >Sue
>> 
>> Yes.
>> 
>> Supposedly the reservations are sovereign nations.  It is honored only in
>> the breach, of course.
>> 
>> >> Crimes committed on Federal installations are federal crimes.  The same is
>> >> also true of crimes committed on Indian reservations if they are not
handled
>> >> by tribal authorities.
>
>> Best,     Terry
>
>
>-- 
>Two rules in life:
>
>1.  Don't tell people everything you know.
>2.
>
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>
Best,     Terry 

"Lawyer - one trained to circumvent the law"  - The Devil's Dictionary 



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