Upload
cade-hindle
View
215
Download
0
Tags:
Embed Size (px)
Citation preview
Michigan Supreme Court
Controversies and Cases:
The Indigenous Peoples of Michigan
19th Century Treaties Seven treaties signed “Each of the treaties had a
specific purpose related to…establishing the state”
United States v Michigan found that treaties must be viewed in a manner most favorable for Native Americans
Tribal Sovereignty “Inherent right of the tribe
to govern itself” One example would be the
existence of a separate, independent tribal judicial system
Concept repeatedly upheld by the U.S. Supreme Court
Tribal Sovereignty allows tribes to retain a host of rights including fishing, hunting, gaming, and higher education tuition waivers
Hunting and Fishing Rights
Controversy over rights retained by various tribes in the numerous treaties signed between 1836 and 1855
People v Chosa, 1930 People v Jondreau, 1971
1970s DNR bans gill nets in the
early 70s, limiting the most commonly practiced method of fishing utilized by Native Americans
People v LeBlanc deals with license requirements and the rights of the state to prohibit gill nets
United States v State of Michigan
Considered by some to be the “most far-reaching Indian rights decision”
The decision by Judge Noel Fox confirmed that treaty rights took precedence over the state’s ability to regulate fishing
Gill Nets
Consent Agreement An attempt to find compromise between use for
tribal, non-tribal commercial, and sport fishers, at the same time sustaining the native fish population
The Consent Agreement of 1985 aimed for “accommodation of Indian rights, protection of fishery, and cessation of Indian-white hostilities”
The Agreement was renewed in 2000, and for the most part has been considered a success
Gambling
IGRA: Indian Gaming Regulatory ActAct of Congress passed in 1988Specific guidelines to regulate gambling
nationallyForced states to enter into good faith
negotiations with tribes
Native American Casinos in Michigan
Negotiations Slot Machines
Stalled negotiations in Michigan for almost four years
Primages v Liquor Control Commission confirmed that electronic games of chance are legal in Michigan
Compact negotiations concluded on August 30, 1993
Native-American casinos agreed to pay 8% tax on “Net Win”
Detroit Casinos Governor Engler has
refused off-site casinos for Native Americans
On the fourth attempt, a proposal to allow three private casinos was passed in the city of Detroit
New casinos were allowed to operate slot machines
Sault Ste. Marie Tribe of Chippewa Indians v Engler, in 1998
Revolved around the issue of net win and if Native-American casinos are still accountable to pay, which they were found to be
Conclusion
They are many additional controversies that involve the interactions between Native Americans and non-Indian people in the state of Michigan
Cases involving tribal sovereignty, fishing rights, and gambling are intended to represent the most prevalent issues for the majority of Michiganders