Campaign donation lawsuit challenges Indian sovereignty

Holland Sentinel ^ | January 7, 2003 | Associated Press

[kingu]

Yup... But no one cares about that. People seem to think that being an Indian means free money, and that couldn't be further from the truth

Generally, whenever someone says that, I ask them where I can line up. Alas, I've yet to find this mythical Indian ATM machine. And I don't even want to try to explain how much fun it is to try to get health care from a BIA clinic if you're away from your reservation.

[Chad Fairbanks]

Well, pretty much any violation on indian land by a non-indian becomes a federal crime...

[kingu]

Right, so long as there is a federal crime to charge them with. IE: If a tribe decides to ban smoking in cars, it would be non-enforcable for non-tribal members since there's no federal statute to defer to. Though, say, restrictions on fishing, is enforcable since there is federal laws against theft.

[Chad Fairbanks]

I've been lucky that way - as a 'Mohawk', I have never been subject to the BIA... and I am thankful every day about that.

And what is even worse, is that the schools on many reservations are run directly by the feds. Wanna talk about bad education.... makes public schools look like the cream of the crop...

[Chad Fairbanks]

Part of the problem is that there is no real uniformity between the various reservations... Some have deals with teh state with regards to ticketing of nonindians driving on the rez... some don't. SOme have their own tribal police, otehrs dont' etc... some have their own courts (with no protected constitutional rights) and others don't...

It's a mess thats needed fixing for generations..

[kingu]

And what is even worse, is that the schools on many reservations are run directly by the feds. Wanna talk about bad education.... makes public schools look like the cream of the crop...

What was worse were the boarding schools that many had to go to. I'm really happy to see Sherman Indian High School in Riverside, Calif. actually getting up to normal educational standards, and I doubt that ever would have happened without the huge contributions from former students in California's gaming tribes.

[Chad Fairbanks]

My great-grandmother was forced into a boarding school in Canada when she was a child. Forbidden from speaking her language, and beaten if she did etc... wasn't pretty...

[kingu]

My great-grandmother was forced into a boarding school in Canada when she was a child. Forbidden from speaking her language, and beaten if she did etc... wasn't pretty...

Mine was lucky enough to avoid the boarding school but was chased by some men who caught and killed a schoolmate of hers to take advantage of California's bounty on Indians. Women were worth more, of course, since they could breed. To think that only a hundred years separated that, and the boarding school situation was like that all the way into the 1960's.

[Chad Fairbanks]

But now that 'we' have money to throw around, we are a threat apparently.

Although, I have to say that I really hate how the leftist groups (like AIM etc...) have really turned indians into a solid democrat voting block....

We need to change that, but it won't be easy...

[I_dmc]

hmm. sovereignty. what's the law say on foreign contributions to a state election? I say you can't have it both ways.

[I_dmc]

oops. what you said. ;-)

[kingu]

But now that 'we' have money to throw around, we are a threat apparently.

Bah, it was foolishness that got the California tribes into these problems. They flaunted the fact that they think they aren't subject to campaign finance laws, called the press, and gloated that they were donating to a pre-campaign reform account to remain 'nominally within the laws.' And with Milanovich stoking the fires with the campaign commission, as well as the donations to the McClintock campaign, they made themselves a pretty target. The only thing that saves their rumps is that the compacts can only be re-negociated if both sides agree (or the twenty year term expires.) So luckily they won't lose everything. But they can kiss goodbye the expansions they wanted to do. Unfortunately, all this will be borne by other tribes, especially those who don't already have compacts (Gee, thanks Davis.)

Although, I have to say that I really hate how the leftist groups (like AIM etc...) have really turned indians into a solid democrat voting block....

More than a hundred years of welfare will do that to a people, more than AIM ever would. But yeah, characters like Russel Means has done more to harm the tribes than he ever accomplished through his AIM actions. Brulte, Drier, and others are working to bring them towards the Republicans, though I think that what gains were made can be kissed goodbye now that Arnold's going after the tribes. A predictable reaction, for both sides, that could have been prevented if people like Norman Pico had just listened to what was said Memorial Day weekend.

We need to change that, but it won't be easy...

Really not easy. The national parties can take some of the blame as well. The Republican party gave the American Indian Caucus a whole table at the 2000 convention, the Democrats gave them a room at their convention in Los Angeles (and let me tell you, being the only Republican in the room, abet a member of the press, was quite strange.) I'm sort of glad right now that my paper isn't publishing, I'd run out of column space just laying into people right now.

[Chad Fairbanks]

Bah, it was foolishness that got the California tribes into these problems. They flaunted the fact that they think they aren't subject to campaign finance laws, called the press, and gloated that they were donating to a pre-campaign reform account to remain 'nominally within the laws.' And with Milanovich stoking the fires with the campaign commission, as well as the donations to the McClintock campaign, they made themselves a pretty target. The only thing that saves their rumps is that the compacts can only be re-negociated if both sides agree (or the twenty year term expires.) So luckily they won't lose everything. But they can kiss goodbye the expansions they wanted to do. Unfortunately, all this will be borne by other tribes, especially those who don't already have compacts (Gee, thanks Davis.)

Yeah, the arrogance (as I mentioned earlier) that came with the windfall is certainly not helping. They are cheapening the idea of sovereignty with what they are doing, and it DOES tick me off.

Then the voter fraud in S. Dakota didn't help matters either...

[ellery]

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.

If you care to peer over your still-jerking knee, you would see that I was not making an assertion either way about whether American Indians are "foreign." I'm merely pointing out the flaw in their argument. State residents are subject to campaign finance laws, are they not? If the tribes were arguing that they're sovereign in the way states are, they would not be able to opt out of campaign laws anymore than you or I can. They are clearly arguing something else altogether.

[hotpotato]

If you care to peer over your still-jerking knee,

Add to that an apparent major chip on the shoulder. No one here (that I read, anyhow) objected to Indians as American citizens (see his post #50). The objection appears to be no sense of fair play ("we are from a sovereign entity and we don't have to play by your voting rules though we can spend money outside your voting laws in an attempt to alter the outcome and there's nothing you can do about it").

[Chad Fairbanks]

Actually, if you read a few other posts, you will see several people saying that american indians shouldn't have the right to participate in ANY political campaign. So, apparently there IS an objection to american indians being american citizens. Or are some american citizens 'more equal' than others?

Secondly, in your blind haste to label me, you neglected to mention the fact that I disagree with them using the idea of sovereignty to get around campaign finance laws.

But hey, don't let a few inaccuracies get in your way or anything. God forbid you should actually have to respond to the post, rather than launch personal attacks, But hey, personal attacks are easier, eh "hotpotato"?

[Chad Fairbanks]

I'm merely pointing out the flaw in their argument. State residents are subject to campaign finance laws, are they not? If the tribes were arguing that they're sovereign in the way states are, they would not be able to opt out of campaign laws anymore than you or I can. They are clearly arguing something else altogether.

Well, I happen to agree with you on that. There IS a flaw in their argument. I do, however, like to make sure people understand that we are NOT "foreign sovereigns", but we ARE American citizens.

On another thread, indians were compared to columbian drug cartels and Saudi Wahhabists, so maybe I overreacted. However, several people, as I mentioned, thought it would be good if american indians were denied the right to participate in any political campaigns, except tribal elections. I agree that we should be bound by the same laws as everyone else (one reason I choose to live off the rez - that, and I have constitutional rights out here) - but we SHOULD be equal, not denied rights. Does that make sense?

:0)

[ellery]

It does make sense -- and I wholeheartedly agree with you that American Indians deserve equal rights.

The whole situation seems confusing and ambiguous. On one hand, the feds should at the very least live up to the agreement that reservations are sovereign (after all the historical promises they've broken). On the other hand, of course the land's early citizens are US citizens! Yet tribes don't seem to be treated quite as one or the other. They're certainly not treated like other US states -- they have more freedom than other US states, but none of the recognition/respect. What if reservations were formally declared sovereign states, along with the attendant names, maps, stars, electoral votes, National Governor's Assn. invites, etc.? It seems to me that that would be a much fairer and clearer situation ('though given the state of the 10th amendment these days, the tribes may be better off as-is). I don't think the current limbo situation is doing anyone any good.

What are your thoughts?

[Chad Fairbanks]

I am very much against the reservation system in general.

For example, any money paid to the tribes by corporations for the right to drill, mine, forest, etccc on trust land is actually paid to the feds who allegedly hold it in trust (and, in the case of the Clinton Administration, millios upon millions of trust money disappears and the tribes never see their own money...)

I think it would be interesting to have the reservations become actual states - then maybe the indians could make something of themselves, without the various states and feds stealing all their money, and then demanding even more when they implement gambling to make up for it...

And yes, it's confusing and ambiguous, and there are so many falsehoods out there that people believe, such as "indians don't pay taxes" etc...

Maybe statehood WOULD be a good idea....

[ellery]

Yeah, I read about the huge amounts the feds stole -- some things never change, eh? I didn't realize that the corporate cash went to the feds, though. That's outrageous.

I just think clarification is in order -- tribes should neither get to have it both ways (as in this article), nor get shafted from all sides. If state sovereignty has any meaning, then it can't be in name only. Yes, it would mean the end of "nation of" rhetoric, and probably of other legal areas where feds are somewhat hands off...but it should be worth it for recognition, congressional delegates, and all the other prerogatives states enjoy. It's unfair to call reservations soveriegn states but treat them differently than Pennsylvania, Montana or any other state. Otherwise, it's just a repeat of the separate but equal crap.

Has there been any push that you know of for this kind of solution? I'm sure it would be a fight, but I think with a little public discussion, most people would realize that it's the only fair way...