Introduction
Americans love to gamble. In 1995, almost 100 million Americans legally wagered $400 billion and lost $39 billion to the house.[1] "...Americans spent more on legal games of chance than on films, books, amusement attractions and recorded music combined." (from source dated February 1994)[2] Most of this action took place in major, well-known casinos in Nevada and New Jersey, meaning private, individual pockets (like Donald Trump?s or Steven Wynn?s of Mirage Resorts) were filled. Interestingly though, Native American Indians are becoming involved with the glamour and glitz of casinos. Indian reservations across the United States are opening their own casinos. In fact, Foxwoods High Stakes Bingo & Casino of Ledyard, Connecticut, operated by the Mashantucket Pequot tribe, is believed to be the most profitable casino in the Western Hemisphere.[3]
"Economic and social problems on Indian reservations in the United States and in other countries are well documented."[4] Government entities, private research firms, and Indian groups have detailed reports concerning poverty, alcohol and drug abuse, juvenile delinquency, high crime rates, poor educational facilities, and many other problems. Tribal governments push for change and greater Indian self-determination to deal with their people's problems. The argument is that tribes are sovereign entities and are therefore responsible for their own affairs without interference from other governments; and self-determination is a central component of sovereignty.[5]
"Any mention of Las Vegas conjures up images of glitzy casinos with neon facades, a city built by gangsters to prey on the hopes of reckless tourists. It?s an extraordinary place that is also quintessentially American, a mecca for money-worshippers everywhere."[6] Up until 1988, gambling was only legal in the two states of Nevada and New Jersey. Now gambling is only not legal in the two states of Hawaii and Utah.[7] Traditionally, Nevada and New Jersey were the only states involved in the American gambling industry, now they are feeling the pressure of an additional 46 states entering the gambling arena.
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The Indian Gaming Regulatory Act
In 1988, Congress passed the Indian Gaming Regulatory Act which recognized the right of Indian tribes in the United States to establish gambling and gaming facilities on their reservations as long as the states in which they are located have some form of legalized gambling. Two cases in the 1980's led up to this act: Seminole Tribe of Florida v. Butterworth[8] and California v. Cabazon Band of Mission Indians.[9]
The Seminole case opened the doors to high-stakes bingo on reservations all over the country. Florida tried to close the Seminole tribe's high-stakes bingo parlor (opened in 1979), but the court ruled that bingo fell under statutes classed as regulatory rather than prohibitory.[10]
The Cabazon case established that once a state has legalized any form of gambling, Indian tribes within that state can offer the same game on trust land without any state interference or restrictions. [Trust land is reserved for and owned by Indians but held "in trust" by federal government for the benefit of the Indian owners.] This case brought up concerns about tribal regulation of Indian gaming among many groups (i.e. Nevada and New Jersey where gambling is legal, the National Association of Attorney Generals, the National Sheriffs' Association).[11]
In response to the concerns arising, Congress passed the Indian Gaming Regulatory Act (IGRA).[12] This act went into effect on October 17, 1988:
The act is intended to 1) promote tribal economic development, self-sufficiency, and strong tribal government; 2) provide for a regulatory base to protect Indian gaming from organized crime; and 3) establish the National Indian Gaming Commission.[13]
The act defines three classes of gambling and gaming: Class I: Social games solely for prizes of minimal value or traditional forms of Indian gaming engages in by individuals as a part of, or in connection with, tribal ceremonies or celebrations. Class II: All forms of bingo, and other games similar to bingo such as pull tabs, lotto, etc. and card games that are explicitly authorized by state law, not including blackjack, baccarat, or chemin de fer. Class III: All forms of gaming that are not Class I gaming or Class II gaming.[14]
Class I gaming is within the jurisdiction of the tribe. Class II gaming is allowed if the state within which the tribe is located allows the gaming to anyone or under any conditions. A tribe is allowed to license and regulate Class II gaming on Indian lands. Class III gaming requires a tribe-state compact. The National Indian Gaming Commission (NIGC) was established to approve the compacts and prevent abuses.[15]
The IGRA is having a major impact on intergovernmental relationships among Indian tribes, states, and the federal government. First, the revenues generated have helped spur economic development in Indian country (which, too, supports the goals of tribal sovereignty and economic self-sufficiency). Second, intergovernmental conflicts have started between the tribes and the states over issues involving state sovereignty, criminal jurisdiction, and gambling revenues. Third, the IGRA ensures that the federal government maintains its position of supremacy over tribes and tribe/state relations.[16]
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Economically Speaking...
Lack of economic independence: "It is widely known that Indians living on reservations have the highest unemployment rate in the nation[17] and the lowest life expectancy rate.[18] Reservations are often compared to Third World nations."[19]
Structural hindrance to economic development on reservations: trust land. Trust lands have given tribes a land base and some cultural integrity, but they make it difficult to attract industry and commercial enterprises to the reservation. Trust land can only by leased by industries. Banks are usually unwilling to lend money towards construction on reservations because they may not be able to repossess the structure in a case of default.[20]
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从来就没有什么救世主也不靠神仙皇帝
他为人民谋幸福呼尔嘿哟他是人民大救星
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