HR 3431 re OFF RESERVATION CASINOS

[Joe_Liberty]

One issue that I have become very interested in, since it is a hot issue in my state, that I have not noticed "The American View" speak out about much, and which I would love to see a program devoted to at some point is the tremendous expansion of legalized gambling across America in recent years.

I don't think the bill below goes nearly far enough, but it appears to me to be a slight improvement over the status quo. I am going to be away and offline for a few weeks, but I will read any thoughts on this bill and on gambling in general when I return.

To amend the Indian Gaming Regulatory Act to limit casino expansion. (Introduced in House)

HR 3431 IH

109th CONGRESS

1st Session

H. R. 3431

To amend the Indian Gaming Regulatory Act to limit casino expansion.

IN THE HOUSE OF REPRESENTATIVES

July 26, 2005
Mr. DENT (for himself, Mr. EHLERS, Mr. PITTS, Mr. ROGERS of Michigan, Mr. AKIN, Mr. PLATTS, Mr. WOLF, Mr. GERLACH, Mr. SCHWARZ of Michigan, and Mr. CANTOR) introduced the following bill; which was referred to the Committee on Resources


--------------------------------------------------------------------------------

A BILL

To amend the Indian Gaming Regulatory Act to limit casino expansion.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. LIMITATION ON INDIAN LAND ELIGIBLE FOR GAMING.
(a) Short Title- This section may be cited as the `Limitation of Tribal Gambling to Existing Tribal Lands Act of 2005'.

(b) Repeal of Certain Exceptions- Section 20(b)(1) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)) is amended--

(1) by striking subparagraph (B);

(2) in subparagraph (A) by striking `; or' and inserting a period; and

(3) by striking `Subsection (a) of this section' and all that follows through `(A) the Secretary' and inserting `Subsection (a) of this section will not apply when the Secretary'.

(c) Approval of State Legislature- Section 20(b)(1)(A) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)(A)) is amended by striking `only if the Governor' and inserting `only if the Governor and the legislature'.

(d) Applicability- The amendments made by this section shall take effect on the date of the enactment of this Act. Such amendments shall not apply to lands regulated, on the date of the enactment of this Act, by a valid Tribal-State compact that was entered into under the Indian Gaming Regulatory Act before the date of the enactment of this Act.

[Jaime]

Not a Federal issue.

[Joe_Liberty]

How is IGRA not a federal issue? Article I, Section 8, gives the Congress the power to regulate commerce with Indian tribes. Article II also gives the power to the President, by and with the Advice and Consent of the Senate, to make Treaties, of which the federal government has many with Indian tribes.

This bill, as I read it, would restore some of the authority that was taken from states under IGRA. Again, I don't think it goes far enough, but as it stands now, states like mine face having casinos forced on them by the federal government and this might slow the currently unimpeded expansion of gambling across America.

Even if you are right, and the federal government has know legitimate authority over Indian regulations, that certainly doesn't mean that Mike and John can't do a show about how state and local governments ought to address gambling.

[Jaime]

If a casino is built inside a reservation, how does that come under commerce regulations? If they were manufacturing widgets and transporting the widgets out of the reservations, then that would be regulated commerce.

[Joe_Liberty]

If you take another look at the bill you will see it deals with off-reservation casinos.

Like I mentioned, as far as I can tell, treaty provisions in Article III, subject on-reservation casinos to federal regulation.

Setting aside Indian affairs and the role of the feds, I wouldn't mind seeing a show devoted to the American view of law and government as it relates to gambling, and the proper role of the state when it comes to gambling - state lotteries for instance.

[Jaime]

How would we handle, say Monaco, wanting to setup a casino? Why should we treat our North American Indian differently?

It seems that we need to decide whether Indian territory (reservations) are independent/sovereign and make amendments to reflect that.

I do not like gambling and voted against the lottery in Texas but my opposition to gambling is not moral. I see it as any other kind of entertainment. I have bought a few, very few, lottery tickets in my life.

I think that the proper role of government in gambling relates to weights and measures. Gambling, if done as a business, should be regulated to make sure that there is no fraud, that the dice are not loaded, that there are no magnets in the wheel, that the lottery is not rigged, etc.

Just like the gasoline pumps are regulated, ie certified, that when it says that you pumped 8 gals it really pumped 8 gals.

[Joe_Liberty]

Monaco is not coterminous with America. Indian nations are. Monaco is not subject to our jurisdiction. Indian nations are, as per our Constitution and various treaties we have made with Indian nations. Right now, in my state, the state and local governments are seeking to use the power of eminent domain to take private property and force property owners to sell to Indian nations for off-reservation casinos, not casinos in Monaco. There is currently legislation pending in Congress that would create a truly racially-based independent/sovereign nation for native Hawaiins. Look behind the curtain and the effort is being promoted by those eager to turn one of only two nations where currently all gambling is outlawed into a gambling mecca.

You oppose gambling in Texas. Good. I oppose it in my state as well. But I don't understand your reason for opposition if it isn't moral. Was Texas seeking to establish a rigged lottery? I have read and heard enough of the American views of Peroutka and Lofton to give me confidence that they would disagree with your assessment that the gambling issue isn't a moral issue. I just think that this is an issue that is really hot right now. I have talked with many Americans who are outraged at the unprecedented expansion of "legalized" gambling across America in the last decade or so. I believe that these folks are eager for a high profile spokesman like Michael Peroutka to seize on this issue and provide an alternative to the current bipartisan support for gambling expansion.

[Jaime]

Joe_Liberty, out of couriosity, where are you from?

People go out to dinner and spend $100 in a meal, for about 2 hours worth of entertainment. Others spend dollars to jump out of a perfectly good airplane to "float" down to Earth wearing a parachute. If someone spends $100 in 2 hours gambling, to me it is no different than the dinner or the thrill seeking of parachutting. It is entertainment. Like in all things we do, we must exercise discipline.

Of course Texas was not trying to setup a rigged lottery. That is such a silly question.

Governments should not be invloved in businesses, period. Governments exists for a very limited purposes. Fraud is against God's law and government has a legitimate purpose that the "weights and measures" are honest.



Webster's 1828 Dictionary

http://65.66.134.201/cgi-bin/webster/webster.exe?search_for_texts_web1828=regulate

REG'ULATE, v.t.

1. To adjust by rule, method or established mode; as, to regulate weights and measures; to regulate the assize of bread; to regulate our moral conduct by the laws of God and of society; to regulate our manners by the customary forms.

2. To put in good order; as, to regulate the disordered state of a nation or its finances.

3. To subject to rules or restrictions; as, to regulate trade; to regulate diet.


http://bible.gospelcom.net/keyword/?search=dishonest%20scales&version1=31&searchtype=all&limit=none&wholewordsonly=no

Proverbs 11:1
The LORD abhors dishonest scales, but accurate weights are his delight.

Proverbs 20:23
The LORD detests differing weights, and dishonest scales do not please him.

Hosea 12:7
The merchant uses dishonest scales; he loves to defraud.

Amos 8:5
saying, "When will the New Moon be over that we may sell grain, and the Sabbath be ended that we may market wheat?"— skimping the measure, boosting the price and cheating with dishonest scales,

Micah 6:11
Shall I acquit a man with dishonest scales, with a bag of false weights?

With regards to Indian affairs. They are treated like quasi-foreign nations. They are not foreign nations but they are different than the rest of the uS population.

Let's forget Monaco since it is not coterminous (ie bordering) with a member State in our Union, although it is irrelevant. BTW, all of the New World is America. Replace Monaco with Mexico.

The issue of emminent domain is another horse that is out of scope for this thread. But in short, my family has lost property to emminent domain. It is time to take the emminent domain power away from all government levels.

The issue of Hawaii is yet another issue outside the scope of this thread. I highly recommend that you study a little of the history on how Hawaii was stolen, yes stolen, by the uS. To keep it simple start the history lesson sometime in the early 1800s through 1959. Goggle "Kingdom of Hawaii" or similar searches.

[Joe_Liberty]

Actually, I am no longer so sure it is a silly question. Since I posted it, I was looking over my invitation to this year's NCALG (http://www.ncalg.org/) conference. I don't know anything about the Texas lootery, but among this year's speakers is Gerald Busald, who is described as a "San Antonio College mathematics professor, has been a vocal critic of the Texas Lottery as well as state lotteries in general. Under his leadership, his statistics students have identified misleading language in lottery ads, cited incorrect statements of the odds of winning, and found inaccuracies in lottery reports."

I agree with you about weights and measures. I just don't understand how you square that with your earlier statement that your opposition is not moral. The argument you make here and with which I agree is clearly a moral argument. Legal gambling operations are steeped in deceit. Lotteries that conceal or misstate the odds, casinos without clocks or windows to hide the passage of time, slot machines programmed for "near misses," and "riverboat" casinos that cannot sail are but a few examples. Scripture, on the other hand, detests deceitful conduct (Psalm 5:6: "You destroy those who tell lies; bloodthirsty and deceitful men the Lord abhors."). Indeed, Jesus describes Himself as the embodiment of truth (John 14:6) and Satan as "the father of lies" (John 8:44).

The issues of gambling, eminent domain, and Hawaii are closely linked. I am not suggesting that Mike and John necessarily tackle them all in one broadcast, but I can envision an enlightening series of broadcasts on any and all of them.

I live in New York. The state has begun eminent domain proceedings on behalf of the Seneca Indian Nation for control of two dozen downtown acres promised to the tribe as part of its gambling agreement with the state, angering property owners who would lose businesses and homes. This is just one of many examples in our state and the problem is not limited to New York. Every day I am reading more and more reports of the growing problems caused by the expansion of gambling in many other states.

I have been familiar with Hawaii. That is why I brought it up. Sure it was stolen from natives, but what land in America wasn't? I am all for the right of Hawaii and every other state to secede. But the Akaka legislation would maintain Hawaii in the Union while creating a racially-based coterminous nation permitting gambling within a state whose citizens have seen fit to prohibit any form of legalized gambling. See
http://www.hawaiireporter.com/story.aspx?18b3b3a5-c758-4205-9af0-d4105ae8e681 The ill effects of those casinos (including, but not limited to eminent domain) operated by that nation will harm Hawaiins in a way that casinos in Mexico or Canada won't. Furthermore Americans will not be held accountable for the actions that Mexico and Canada take that they can't control. New Yorkers, Hawaiins, Texans, and Americans are only accountable for the actions we take to make our governments to conform to Biblical principles of law and government.

[MohawkValley]

The concern in my local area is the Oneida Indian Nation (Very nice and respectable people, who also provide many many many jobs) Have casinos and gas stations set up in off reservation lands. Until this summer they declared all those business to be Soverign territory (hence no taxes). In fact I have lived in this area Oneida County N.Y. for a few years and still have no idea where an actual reservation is! This case went to the supreme court and the court decided the Oneidas' must not only pay taxes, but pay back taxes. The Oneida Nation appealed the verdict so it is still tied up in the courts.

[LAmama]

... Until this summer they declared all those business to be Soverign territory (hence no taxes). ...This case went to the supreme court and the court decided the Oneidas' must not only pay taxes, but pay back taxes. The Oneida Nation appealed the verdict so it is still tied up in the courts.

Wouldn't it be wonderful if any tribe, including, American families could truly claim and obtain sovereignty in the United States?

I appreciate Joe Liberty starting this discussion. Gambling and Casinos are definitely an issue I would like hear The Constitution Party's stance on.

[Joe_Liberty]

The Constitution Party's stance can be found at
http://www.constitutionparty.com/party_platform.php#Gambling

The Constitution Party of New York's can be found at
http://nocasinoerie.org/cpnypr1.htm

Restore states power to regulate gambling:
http://www.congress.org/congressorg/issues/alert/?alertid=8274546&content_dir=ua_congressorg&mailid=custom

[exmarine]

Joe_Liberty, out of couriosity, where are you from?

People go out to dinner and spend $100 in a meal, for about 2 hours worth of entertainment. Others spend dollars to jump out of a perfectly good airplane to "float" down to Earth wearing a parachute. If someone spends $100 in 2 hours gambling, to me it is no different than the dinner or the thrill seeking of parachutting. It is entertainment. Like in all things we do, we must exercise discipline.

I think this is a bad comparison. Gambling is much more deleterious than going out on a date, and for many it is not entertainment - it is a major destructive obession. For many, it is as addictive as crack cocaine, and it becomes an obsession that results in the loss of everything, and destroys families as thoroughly as drug and alcohol addiction. It is exploitative to be sure since not every one has the self control and discipline to stop.

Further, gambling has become a scourge on America, with all but 1 or 2 states legalizing some form of it as a source of revenue, tourism, etc. In many states, it is a MAJOR source of revenue (Nevada, Mississippi, New Jersey, etc.).

So, it is not just gambling on reservations. Gambling is a big problem, period.
It's another major manifestation of the moral decay of America.

Gambling is very bad stewardship of what God has provided, and demonstrates a lack of trust in the Provider. It is trusting luck over the provision of God, and many chase the pathetic illusion of quick money right into ruin.

Sin city (Las Vegas) could not care less if they took a family's last dime. Those wolves who lead them into ruin are more guilty than the poor sheep who are led astray. They absolutely rely upon the addictive nature of video poker, blackjack, etc.

I, for one, do not gamble at all. Zero. I don't play the lottery. Lotteries are merely a means to play to people's darker natures and weaknesses. It's just a fancy way to rip off the poor.