According to Wikipedia, Tribal sovereignty in the United States is the inherent authority of indigenous tribes to govern themselves within the borders of the United States of America. The federal government recognizes tribal nations as "domestic dependent nations" and has established a number of laws attempting to clarify the relationship between the federal, state, and tribal governments. The Constitution and later federal laws grant local sovereignty to tribal nations, but do not grant full sovereignty equivalent to that of foreign nations, hence the term "domestic dependent nations." Tribes have had sovereignty over their affairs, courts, laws and lands for decades. Sovereignty means that like a state, they cannot be sued.
That principle of American Law has been in force for over a century and has withstood countless challenges before the Supreme Court. But, it seems that when greed and prejudice enter the equation there is always someone around willing to try and change things to their own benefit.
The Supreme Court heard arguments in December and will soon issue a decision on the case of Michigan vs. Bay Mills Indian Community that may well change the status of Native American Sovereignty for the future. The outcome will determine whether the state of Michigan can sue the Bay Mills Indian Community for operating an off-reservation casino on land that has not been placed in trust or restricted status. The tribe contends that it purchased the land with proceeds with money it received under the Michigan Indian Land Claims Act of 1997 and that the land is therefore protected under rules of the Indian Gaming Regulatory Act. Local citizens contend the casino operation will infringe on the characters of their community.
The Court may narrowly define whatever decision it reaches so that it realistically applies only to the case at hand, such as ruling that the use of the money from the source it came from does not automatically put the land in question under "trust status." Or, it could issue a broader ruling which could open the door to a flood of other litigation against tribes and largely destroy their sovereign immunity.
It is my opinion that Native American tribes have had more than their share of broken treaties and promises from the United States government and its people. The Supreme Court should rule narrowly and solely with respect to the lawsuit and leave the broader question of sovereignty for another day. To do otherwise would place our nation in the position of arbitrarily changing the laws of the land based upon some whim of the moment.
That's MY AMERICAN OPINION, respectfully submitted.
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