Campaign donation lawsuit challenges Indian sovereignty

Holland Sentinel ^ | January 7, 2003 | Associated Press

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LOS ANGELES (AP) --
In an important test of the reach of tribal sovereignty, California's political watchdog agency is suing one of the state's wealthiest and most influential Indian tribes, accusing it of violating campaign finance reporting laws.

The Agua Caliente Band of Cahuilla Indians, which operates two casinos in and around Palm Springs, argues those laws do not apply to it because it is a sovereign entity. The Fair Political Practices Commission says California has the right to ensure the integrity of its election system.

The case will apparently be the nation's first test of whether Indian tribes are exempt from the rules that apply to other political donors, such as corporations and unions.

With gambling-rich tribes increasingly among the top political donors, the ability of state governments to monitor money in politics could hang in the balance.

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Note from the article, that state attorney general Bill Lockyer refused to join the lawsuit by FPPC to protect election laws. That fact should sound an alarm to all Californians about a growing number of their elected officials.

For their pursuit of absolute sovereignty and with their flagrant disregard for state election laws, it is no wonder that the gaming tribes seek the governership for Bustamante with the willing help of their "useful idiot" MadClintock.

[Political Junkie Too]

The Agua Caliente Band of Cahuilla Indians, which operates two casinos in and around Palm Springs, argues those laws do not apply to it because it is a sovereign entity.

Very well, then. Aren't there laws against sovereign entities interfering in United States elections?

-PJ

[ellery]

This is ridiculous. Foreign entities are not permitted to contribute to US elections. So, either they're sovereign and thus not allowed to contribute at all, or their contributions are subject to campaign finance laws. They can't have it both ways.

[hotpotato]

The Agua Caliente Band of Cahuilla Indians, which operates two casinos in and around Palm Springs, argues those laws do not apply to it because it is a sovereign entity.

This is outrageous. Indian sovereignity should never be a means to manipulate laws which are intended to protect American citizens. If they want to declare sovereignity (immune status from our laws), then their dollars AND votes should not be allowed.

[.cnI redruM]

Why are Indians voting in Statewide elections then?

[Iconoclast2]

Exactly. If they want the rights of sovereign nations, they should be treated like aliens, with no rights to vote in another country's elections, and all campaign contributions outlawed.

[BlessedByLiberty]

This has been coming for a very long time. I'm glad to see it happen. I love that they are also exempt from every one of those aggravating regulations that the rest of us must obey if we are to do any type of business or own private property in the state of California.

To think Davis, Boxer and Woolsey collaborated with the Clintons to recognize individual tribes as nations so that they could accept campaign cash (in Babs Boxer's case her kid represented them). Would it not be just wonderful in the end if ALL campaign cash from these tribes - including fees paid to Boxer's kid - had to be paid back?

Now this is entertainment!

[Sacajaweau]

Indians are US citizens and vote. They can't have it both ways. If they want it their way, then they can't vote. Otherwise, they are allowed only what other citizens and organizations are allowed in campaign situations.

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Everyone wondering whether politicians have a quid pro quo with newly realized Indian tribes should read this article about Barbara Boxer and what she did with Clinton during the twilight of his presidency(when not pardoning felons and Puerto-Rican terrorists).

[hotpotato]

"This case is not about disclosure ... this case is about power," the tribe said in court papers. "Under the distribution of sovereignty among the states and tribes recognized in the U.S. Constitution, no state agency may use a state court to compel a federally recognized Indian tribe to submit to a state statute."

Sounds like we need an amendment to the US Constitution. The tribes would do well not to push this issue....

[hotpotato]

ping

[PhiKapMom]

Thanks for the ping! The other day when I went looking for a campaign law affecting the Tribes, I discovered they could give any amount they wanted to a campaign -- no restrictons! I couldn't believe it and figured I had read it wrong and there must be something that would make them obey the laws of the State on campaign financing.

What the Indians are saying IMO is that they want to continue giving whatever they want to a political candidate with no contribution limit, want to be a sovereign nation with no state laws to obey, but want to vote in our State elections? Something smells with that.

Just like the Indian gambling is controlled by the Indian Gaming Commission but who oversees them. They are taking in billions of dollars with very little oversight. A tribe here in Oklahoma is balking at having background checks on tribal members who want to run the gambling casinos because they say they are a sovereign nation and the laws of the Federal Government do not apply to them.

Don't see how they can allow the Indians to continue to donate whatever they want to campaigns -- they should be subject to the same limits the rest of Americans are!

[TheConservator]

Congress needs to abolish Indian sovereignity lock, stock and barrel. End of story.

[hotpotato]

I agree with kingu in this thread Tribal leaders fire back at Schwarzenegger over 'fair share'ad. (I just pinged you on it). This is going to backfire on them.

[DaughterOfAnIwoJimaVet]

Soliciting your opinions.

[Chad Fairbanks]

Very well, then. Aren't there laws against sovereign entities interfering in United States elections?

Well, then I guess that means that the various STATES can't participate in United States Elections, either eh? Good, you dont' need to be allowed to vote anyway.

[Chad Fairbanks]

Oh, so indians are 'foreign' now? Get a clue. Sovereign tribes are along the level of a state - not a foreign country.

Get a clue.

[Chad Fairbanks]

I don't agree with them being able to donate as much as they want, but since they are sovereign nations in teh same sense that the various states are sovereign, they should still be bound by federal laws - and they are.

[Chad Fairbanks]

Don't see how they can allow the Indians to continue to donate whatever they want to campaigns -- they should be subject to the same limits the rest of Americans are!

Agreed. The tribes are sovereign in the same sense that the various states are sovereign - they can make their own laws for their land, but are also bound by federal laws, just like the various states. Sometimes my bretheren take things too far...

[Political Junkie Too]

States aren't nations. They are recognized by the Constitution as separate government entities for the people.

I guess I should have used the word "nation" instead of "entity."

-PJ