Yes, you are correct about pueblos. There are also a few modifiers used with
"tribe" in the name of some groups. The Kickapoo Traditional Tribe of Texas is
one example that springs to mind.
Yes, we can use some term other than "sovereign," although I believe it is used
in some treaties. It is a degree of sovereignty, but certainly not sovereignty
in the full international sense. It is worth noting, however, that some of
these "autonomous recognitions" predate the United States. For instance, some
of the treaty rights of the group now known as the Cherokee Nation of Oklahoma
derive from British treaties made as early as 1721 (more than a century before
their removal from the East).
I would not agree (and neither would any of the Indians!) that states have the
right to license and tax their gambling establishments. Under the federal
Indian Gaming Act, the only way a state can prohibit a particular type of
gambling operation on reservations is by prohibiting it entirely in the state.
If the state allows even the slightest bit of a certain type of gambling under
very limited situations (such as aboard foreign-flag cruise ships within its
territorial waters), then the Indians in the state can operate the same kind of
gambling without state regulation or restriction within their federal-trust
reservation lands. The tribes must negotiate with the states for the provision
of state services in connection with the gambling (such as highways to the
location, etc.), and this often leads to the provision of funds to the state by
voluntary agreement, but attempts by states to unilaterally impose taxes on
Indian gambling have failed.
Not all federally recognized tribes can have gambling. It has to be on land in
federal trust. The aforementioned Kickapoo have a casino (the only one in
Texas) with some limited types of gambling on their federal-trust reservation.
When the Alabama-Coushatta Tribe of Texas built and opened a similar casino, the
state shut it down. Their reservation land is in state trust, not federal
trust. This unusual situation resulted from an 1854 gift of land by the State
of Texas in appreciation for the tribes' help during the Texas Revolution.
Lowell G. McManus
Leesville, Louisiana, USA
----- Original Message -----
From: "L. A. Nadybal" <lnadybal@...>
To: <BoundaryPoint@yahoogroups.com>
Sent: Wednesday, June 09, 2004 10:10 PM
Subject: [BoundaryPoint] Re: Nations within countries
> Really small recognized tribes are called "Pueblos" - a third form of
> "nation". Pueblos have the same status as recognized tribes; the ones
> I have had connection with are all in SW USA (New Mexico, Ariz.).
>
> Can we agree to use the word "recognized as autonomous"? - sovereign
> is a little too far towards absolute. There are so many constraints
> on the inherent functions of states that indicate they are sovereign
> that they can't really be defined as separate from the US - rights
> they have to conduct their business is very limited. I.e., no foreign
> relations, they can't issue stamps or coins or banknotes, the US
> manages their defense, states they are in have the right to license
> and tax their casinos, etc. But, they do have their own governments -
> about as "independent" from the U.S. government as the D. C.
> government is.
>
> Len Nadybal
>
>
>
>
>
> --- In BoundaryPoint@yahoogroups.com, "acroorca2002" <orc@o...> wrote:
> > --- In BoundaryPoint@yahoogroups.com, Ernst Stavro Blofeld <
> > blofeld_es@y...> wrote:
> > > Peers,
> > >
> > > This may be slightly off topic
> >
> > off what topic
> >
> > , and if you find it to
> > > be just please ignore.
> >
> > of course it is just
> > & ok
> > if i do
> > but why
> >
> > > I am curious of the status of certain native-american
> > > communities. Could someone in our group clarify and/or
> > > comment on the matter?
> >
> > yes
> >
> > > For example, what is the legal status of some
> > > communities?
> >
> > i believe about 560 tribes have been legally recognized as sovereign
> > with new ones still being added
> > but all the rest arent
> >
> > > Is it correct to use the term "nation"?
> >
> > usually the terms tribe & nation are practically interchangeable
> > depending perhaps on the size of the tribe &or on who is speaking
> >
> > > Are there examples of stand-alone legislation in some
> > > cases?
> >
> > if you mean
> > are any indian nations legally recognized as such in american law
> > as distinct from indian tribes
> > then i am not aware of any
> >
> > > How much self-government is implemented?
> >
> > they implement as much as they can get & handle
> >
> > sort of like kurds
> >
> > > Do all
> > > native-american societies enjoy the same rights and
> > > responsibilities, or is this a matter of negotiation
> > > between the federal (or state?) government and the
> > > society in question?
> >
> > partly answered above
> > but of course it is a huge patchwork
> > complicated especially by the gambling laws of perhaps as many as 40
> > different states
> > while tribal governments too are notoriously chaotic & idiosyncratic
> >
> > > And how is membership in and/or
> > > affiliation with a certain nation/community/society
> > > determined?
> >
> > by percentage of alcohol in blood
> > er
> > i mean
> > by percentage of indian blood
> > which varies
> > but is typically as low as 25 percent
> >
> > > Is this a question of the bloodline,
> > > territorial heritage or something else?
> >
> > genealogical usually
> > & sometimes a minimum residence requirement on the rezzie
> > but of course it is a mess
> >
> > >
> > > Thank you,
> > > M
> >
> > you are most welcome
> >
> > & tho you dont ask directly
> > of course the question of what real sovereignty really means keeps
> > coming up in this connection too
> > just as it does in kurdistan
> > & all iraq
> > & indeed it seems everywhere lately
> >
> > but i believe sovereignty is really just divinity
> > which every individual human being has equally
> > while in the illusion of physical reality
> > sovereignty of course just boils down to
> > a localized monopoly on violence
> >
> >
> > strange conundrum indeed
>
>
>
>
>
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