When the Cabazon Band of Mission Indians--a small tribe of only 25
members--first opened a high-stakes bingo parlor, the operation was
shut down by the State of California as a violation of its gambling
laws. It took a Supreme Court decision to overturn the state's
action, confirm the autonomy of tribes, and pave the way for other
tribes to operate gaming centers throughout America.
Ralph Rossum explores the origins, arguments, and impact of
"California v. Cabazon Band of Mission Indians," the 1987 Supreme
Court decision that reasserted the unique federally supported
sovereignty of Indian nations, effectively barring individual
states from interfering with that sovereignty and opening the door
for the explosive growth of Indian casinos over the next two
decades.
Rossum has crafted an evenhanded overview of the case itself-its
origins, how it was argued at every level of the judicial system,
and the decision's impact-as he brings to life the essential
debates pitting Indian rights against the regulatory powers of the
states. He also provides historical grounding for the case through
a cogent analysis of previous Supreme Court decisions and
legislative efforts from the late colonial period to the present,
tracking the troubled course of Indian law through a terrain of
abrogated treaties, unenforced court decisions, confused statutes,
and harsh administrative rulings.
In its decision, the Court held that states are barred from
interfering with tribal gaming enterprises catering primarily to
non-Indian participants and operating in Indian country. As a
result of that ruling-and of Congress's subsequent passage of the
Indian Gaming Regulatory Act-tribal gaming has become a
multibillion dollar business encompassing 425 casinos operated by
238 tribes in 29 states. Such enormous growth has funded a
renaissance of reservation self-governance and culture, once
written off as permanently impoverished.
As Rossum shows, "Cabazon" also brings together in one case a
debate over the meaning of tribal sovereignty, the relationship of
tribes to the federal government and the states, and the
appropriateness of having distinctive canons of construction for
federal Indian law. His concise and insightful study makes clear
the significance of this landmark case as it attests to the
sovereignty of both Native Americans and the law.
General
| Imprint: |
University Press of Kansas
|
| Country of origin: |
United States |
| Release date: |
April 2011 |
| First published: |
April 2011 |
| Authors: |
Ralph A. Rossum
|
| Dimensions: |
216 x 140 x 18mm (L x W x T) |
| Format: |
Paperback
|
| Pages: |
216 |
| ISBN-13: |
978-0-7006-1778-4 |
| Categories: |
Books >
Law >
Jurisprudence & general issues >
Law & society
|
| LSN: |
0-7006-1778-7 |
| Barcode: |
9780700617784 |
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