Indian Gaming Regulatory Act: What Congress Giveth, the Court Taketh Away - Seminole Tribe of Florida v. Florida, The

Abstract

INTRODUCTION|Indian gaming is one of the most prominent means for Indian Tribes to generate revenue for social programs such as the support of hospitals, government services, schools and youth centers. In the United States, twenty-four states have entered into more than 140 casino-style gaming compacts with Indian Tribes. These Indian gaming operations generate approximately $3.4 billion in gross revenues for the Tribes each year.|Congress created three classes of gaming which were permissible on Indian reservations when it enacted the Indian Gaming Regulatory Act ("IGRA") in 1988. The IGRA was primarily created to regulate casino-type gaming and to protect Indian gaming from corrupt influences. The IGRA was also created to determine whether states or the Indian Tribes should have jurisdiction over casino-style gaming. The IGRA not only allows the Indian Tribes to enter into casino-type gaming as a means of generating revenue, it also confers incidental benefits upon the states. The states benefit from the Tribes' economic gains because gambling stimulates the growth of state and local economies. Through the IGRA, Congress delegated to the states some authority over Indian gaming. Thus, the IGRA "extends to the States a power [over Indian Tribes] withheld from them by the Constitution"...