Transcript Michigan Supreme Court

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 Act
Act of Congress passed in 1988
Specific guidelines to regulate gambling
nationally
Forced 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 NativeAmerican 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