Doctrine
gaming
After California v. Cabazon (1987) barred California from regulating tribal bingo, Congress passed the Indian Gaming Regulatory Act in 1988.
- Definition
- Tribal gaming under IGRA and related cases.
What happened
The Cabazon and Morongo Bands of Mission Indians ran bingo games on their reservations in Riverside County, California, under federally approved ordinances. California tried to enforce its bingo law against them. In California v. Cabazon Band of Mission Indians (1987), the Supreme Court held that Public Law 280 did not authorize it, because California's bingo statute was a "civil/regulatory" law, not a "criminal/prohibitory" one. The Court also found state authority pre-empted, because it "interferes or is incompatible with federal and tribal interests reflected in federal law."
Congress responded with the Indian Gaming Regulatory Act, Public Law 100-497, signed October 17, 1988. It found that "a principal goal of Federal Indian policy is to promote tribal economic development, tribal self-sufficiency, and strong tribal government," and that tribes have the exclusive right to regulate gaming on Indian lands if the gaming is not prohibited by federal law and is conducted in a state that does not prohibit it as a matter of criminal law and public policy.
The Act's stated purposes include providing a statutory basis for gaming by tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments, and for regulation to shield gaming from organized crime and ensure the tribe is the primary beneficiary. It also created federal standards and a National Indian Gaming Commission.
Good to know. The two events are linked here by date; no source shown says the Cabazon ruling caused Congress to pass the Act.
Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error
What the sources say, and how this was checked
Well supported by the sources below.
State jurisdiction is pre-empted if it interferes or is incompatible with federal and tribal interests reflected in federal law
California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987), Cornell LIIa principal goal of Federal Indian policy is to promote tribal economic development, tribal self-sufficiency, and strong tribal government
25 U.S.C. 2701, Findings (Indian Gaming Regulatory Act), Cornell LIIto ensure that the Indian tribe is the primary beneficiary of the gaming operation
25 U.S.C. 2702, Declaration of policy, Cornell LIIthe establishment of a National Indian Gaming Commission
25 U.S.C. 2702, Declaration of policy, Cornell LII
Research notes. IGRA's three classes of gaming and its tribal-state compact requirement for casino-style (Class III) gaming were not opened and are not described. Seminole Tribe v. Florida (1996), which limited suits to enforce compacts, was not examined. Gaming revenue figures and effects on tribal economies are not covered. The link between Cabazon and IGRA's passage is the sequence of dates; no opened source states that Cabazon caused it.
Who is doing the work
Native legal and land defense, nationally
- Native American Rights Fund (NARF) Native-led Litigation and legal advocacy for tribal sovereignty, treaty rights, land and resources Give on their site Website
- NDN Collective (LANDBACK Campaign) Native-led LANDBACK campaign (launched 2020; Mount Rushmore closure and return of Black Hills public lands), Indigenous… Give on their site Website
- Indian Land Tenure Foundation (ILTF) Native-led Land recovery and control by tribes and individual Indian landowners Website
- Decolonizing Wealth Project (Indigenous Earth Fund; California Tribal Land Return) Native-led Reparative philanthropy Give on their site Website
Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.
Connections
Applied in 5
Sources
No source is linked to this record yet. That is a gap we are working to close.
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- Doctrine
- Confidence
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