<<It's my understanding that such an economic latitude to organize gaming businesses has been granted to US Native people on the basis that they were America's first nations..... >>
Actually the authority that allows them to operate gambling establishments within a state that otherwise does not allow it is based on the fact that Indian reservations are considered to be nations within nations. They have their own laws and law enforcement institutions that supercede state law, but not federal law, as it is my understanding. In part you are correct, this authority is based upon the Indian treaties which set aside reservations for the existing tribes, so as to get them out of the government's (and the gold hunter and settler's) hair. That status would not change if it was discovered that white boys from Norway settled in New England 10,000 years ago. I think you are missing a very fine point, namely that the treaties were negotiated with existing tribes. Even if said Europeans were here "first" there is no means to determine where those genes went, if anywhere. It is 99% likely that those people were either killed, or assimiliated into the great gene pool that culminated in the tribal groups found at the European arrival after 1492. So the issue is moot, because 1.) the treaties were negotiated with the existing tribal groups 2.) it is more likely than not that those existing tribal groups would have a white boy in the gene pool, and hence, would still therefore be the "first" people by reason of descent. In any case, such a matter is completely unresolvable. And no legislation withdrawing gambling rights from reservations would make it through Congress or a state legislature, as any such bill would immediately be labeled racist and draw much undesirable political flack. Im sure the Civil Liberties Union would have a field day.
Im glad you see that it is not so far fetched to hypothesize the arrival of ancient peoples to the New World by boat. I dont think we are so far apart here, Gustave.
Derek |
