1 / 12

Michigan Supreme Court

Michigan Supreme Court. Controversies and Cases: The Indigenous Peoples of Michigan. 19 th Century Treaties. Seven treaties signed “Each of the treaties had a specific purpose related to…establishing the state”

mare
Download Presentation

Michigan Supreme Court

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Michigan Supreme Court Controversies and Cases: The Indigenous Peoples of Michigan

  2. 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

  3. “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 Tribal Sovereignty

  4. 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

  5. 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 1970s

  6. Gill Nets

  7. 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

  8. Gambling • IGRA: Indian Gaming Regulatory Act • Act of Congress passed in 1988 • Specific guidelines to regulate gambling nationally • Forced states to enter into good faith negotiations with tribes

  9. Native American Casinos in Michigan

  10. 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” Negotiations

  11. 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 Detroit Casinos

  12. 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

More Related