michigan supreme court controversies and cases: the indigenous peoples of michigan

Michigan Supreme Court

Controversies and Cases:

The Indigenous Peoples of Michigan

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

Tribal Sovereignty “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

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

1970s 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

Gill Nets

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

Gambling

IGRA: Indian Gaming Regulatory ActAct of Congress passed in 1988Specific guidelines to regulate gambling

nationallyForced states to enter into good faith

negotiations with tribes

Native American Casinos in Michigan

Negotiations 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”

Detroit Casinos 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

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