《印第安人博彩业管制法》及其对印第安部落地位的影响

Abstract

1988年通过的《印第安人博彩业管制法》是美国印第安人事务中的一个重要法案,该法是为解决因部落赌博而带来的部落与州之间的纠纷而颁布。它要求部落与州就赌博事宜达成契约,然而订立契约却改变了部落的地位,因为部落早在美国政府和州形成之前就已存在于北美大陆。根据联邦宪法,部落与美国政府维持着特殊的联邦关系,其政治地位要高于州,一直以来部落主要是与联邦政府发生关系。但在该法通过后,部落却必须要与一直被视为印第安人威胁的州进行互动。因此,该法普遍被认为背离了部落自决原则,将州与联邦政府间的权力平衡转向了州,从而削弱了联邦政府和部落的权力。

The Indian Gaming Regulatory Act passed in 1988 is an important act in American Indian affairs.It is issued for solving disputes between tribes and states raised by gambling among tribes.It requires tribes and states to made contract on gambling.However the contract changed statues of tribes because they had been existed in the North American Continent before the establishment of US government and states.According to Federal Constitution,tribes maintain a special federal relation withUS government and are of a higher political statue than states.In the past,tribes were mainly dealing with the federal government.However,the tribes have to interact with states which have always been regarded as threats to Indians thereafter.Therefore,the act deviates from the principle of tribe selfdetermination,weakens the power of federal government and tribes,and strengthens the power of states.