How exactly are Native American reservations in the US different legally for a non-native person?

[DrDeth]

@Elendil_s_Heir

Not so. The U.S. Constitution applies throughout the nation. Indians are U.S. citizens, may vote in Federal elections, must pay Federal income tax, are subject to conscription in a national emergency, can only enter and leave the country using U.S. State Department-issued passports, etc. Indian tribes have limited sovereignty and certain powers and rights that state governments and other garden-variety local authorities do not, however.

For a simplistic comparison, if you look on each Tribe as a tiny US State, then most dudes will get the idea.

Generally, this case sez that non-Tribal members do not fall under Tribal Law. IANAL
Oliphant v. Suquamish Indian Tribe also see Duro v. Reina

Duro v. Reina

Basicly, this sez that for Federal crimes, you come under Fed law. For local crimes, they can detain you to hand you over to local jusristictions, or evict you from the Tribe area. ianal.

compassionate_warrior- I’d like to see a cite that sez the US Constitution does not apply to Tribal Lands.

[Bijou_Drains]

Here in NC the Cherokees have a casino with just poker machines. They want to add live dealers but the state of NC has to approve that. Anybody know why the state has to approve dealers? I thought the tribe could do whatever they want with respect to gambling.

[DrDeth]

@Bijou_Drains

Here in NC the Cherokees have a casino with just poker machines. They want to add live dealers but the state of NC has to approve that. Anybody know why the state has to approve dealers? I thought the tribe could do whatever they want with respect to gambling.

Well, here in CA, the State has various deals with reservations, where the tribes agree to some regulation in exchange for State cooperation. Afterall in order to get into a Tribal casino, you likely have to drive in on a State Highway, etc.

[compassionate_warrior]

There’s a federal Indian Gaming compact now, I’m not familiar with it. My impression is that the tribes signed away a little of their sovereignty rights in relation to gaming, but not all tribes recognize it. In NM one tribe refused to recognize it, until their tribal governor died, and a more conciliatory governor came in. And there’s state involvement, because the State usually wants some of the revenue; due to tribes’ tax-free status, the states are missing out on a lot of revenue from gaming. So the tribes tend to agree to hand over some gaming revenue to keep the relationship with the state amicable.

Interesting point, Dr. Deth, about the state highway going through the rez. That tribe in NM, when the state demanded its share of that tribe’s gaming revenue, refused to hand it over and threatened to put up toll stations on the piece of highway going through their turf. (Back to that law that tribes have the power to exclude non-Natives.) I think it was mainly grandstanding on the part of the former tribal governor, but…it was dicey there, for awhile. (Indian Affairs rarely lacks for drama.)

Is someone up on tribal gaming law?