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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”

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Michigan Supreme Court

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  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

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