Native+American

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11. Native American customs and traditions supersede state and federal laws.
 * QUESTION 11: PRO-A Max Ribar

Native Americans deserve full freedom when it comes to practicing their religious traditions and customs. Although some of these customs may go against state laws, Native American tribes are self-governed and are distinct political communities. In the Worcester v. Georgia Supreme Court case addressed whether or not Georgia could impose criminal penalties on Cherokee Indians. It was ruled “that the laws of Georgia could have no effect in Cherokee territory, the Court said, "[t]he Cherokee nation...is a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter, but with the assent of the Cherokees themselves, or in conformity with treaties…” (Americanbar). Setting restrictions on Native American culture due to state laws would contradict their right to self-government which has been in play for hundreds of years. Native Americans also have the right to free expression, which gives the liberty of expressing their views and opinions freely. Denying Indians of this freedom would go against ancient traditions that are sacred in the hearts of all Native Americans. All persons are entitled to the pursuit of happiness, which includes religious freedom and expression.

"The Supreme Court's changing stance on tribal sovereignty." //Americanbar //. N.p.,

 n.d. Web. 18 Oct. 2011.  publications/gp_solo_magazine_home/gp_solo_magazine_index/marshall.html>.

"Tribal Sovereignty Defined." //SAGCHIP //. Saginaw Chippewa Indian Tribe of  Michigan, n.d. Web. 18 Oct. 2011.  2000/082800-sovereignty-defined.htm>. || QUESTION 11: PRO-B Lexie Morrison Native Americans should not have to follow certain laws that go against their tribes’ religious traditions. Some Native Americans have been punished due to practicing illegal drug use. The CQ researcher said that in the court case “ Employment Division, Department of Human Resources of Oregon v. Smith, two men were fired from their jobs with a private drug rehabilitation program because they took peyote, [an illegal drug,] at a Native American church ceremony” (CQ Researcher). It is not fair to these two individuals that they were punished just for going through with this ceremony. Eventually “ The U.S. Supreme Court ruled that general criminal laws (in this case a law prohibiting drug use) that have an adverse impact on religious adherents are not necessarily unconstitutional ” (ABC-CLIO). There should be exceptions to the law for special circumstances like this one. ||
 * QUESTION 11: CON-A- jack bebinger

Since the first Native American casino opened there has been controversy on whether or not Native Americans should follow state and federal laws. Many Native Americans say they shouldn’t have to follow laws because they were “domestic dependent nations”, which means they aren’t a foreign nation but they aren’t apart of the U.S. and therefore, not subject to punishment. In 1953 the Supreme Court changed that with Public Law 280 which gave states jurisdiction over the criminal and civil controversies with Indians. Also the constitution states in the 14th amendment that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This clearly says that anyone born in the United States is subject to the law and all the Native Americans are born here so they are subject to all laws. With Native Americans saying they are not subject to the law and now are opening casinos raises a few concerns because casino gambling is illegal in most states but Native Americans say they can build and run casinos because of the Indian Gaming Regulatory Act of 1988. Republican Fulton Sheen said that “Congress passed the Indian Gaming Regulatory Act (IGRA) in an effort to control the development of Native American casinos… I do not think this is what Congress had in mind.” He said that congress wanted to limit Native American casinos but instead the Native Americans are using the IGRA against congress to help them create more casinos. The Native Americans believe that they are untouchable when it comes to the law but the truth of the matter is that they are subject to the law and should be punished for what laws they have broken. || QUESTION 11: CON-B: Lucas Sencio Native Americans as well as many minorities want to have equals rights in the United States. Most of all minority groups were willing to give up anything for those rights, but not the Native Americans, they wanted to have the best of both worlds, meaning that they wanted to have equals rights but at the same time they still wanted to preserve their culture and traditions. Wanting to have the same rights as an American citizen means that you’re going to have to adopt new customs and traditions, “ rights are secured by Congress ” sais George Ehrenhaft, one of the editors for Barron’s Booknotes, “ and are based on a certain nation’s customs, which gives Congress power to prohibit the giving of rights to a certain group ” (Ehrenhaft). Joyce Milton, also an editor and writer for the Barron’s Booknotes, sated that “ people are two dimensional figures, making them subjective to changes and to adaptations ” (Milton). Minorities that came to the United States have agreed to give up their traditions and customs if that meant that they’d have equal rights, there are no exceptions to this rule, meaning that if Indians are going to fight for equal rights, at one point they’ll have to introduce their community to new traditions and customs. ||