Break a treaty, break the law
Gambling and cigarettes are two vices I most definitely don't condone. Except when the purveyors of such evils have to be Native Americans. Thus I find myself at loggerheads with state attorneys general and other foes of tribal-based smoke shops, who want to crack down on the tax-free status their cigarettes enjoy, which makes them extremely attractive to smokers who buy them on reservations and through the Internet.
Tribes enjoy a decided competitive advantage by being exempt from taxation on goods like cigarettes. And that in turn makes them highly sought after by consumers of such goods, who can save upward of $30 on a carton of cigarette by buying it online instead of at their local convenience store or supermarket. Of course, this displeases the state treasuries that lose millions of dollars in sin tax revenues for their coffers, not to mention the operators of the mini-marts and grocery stores that are forced to charge steep taxes on the same cigarettes.
Of course, the reason the tribes have this unique status is that they're ostensibly sovereign nations, limiting the ability of state and federal governments to regulate their activities. While we all know that sovereignty is pretty much non-existent, or at least encroached upon whenever convenient, it's still in effect on paper. And tribes like the Seneca possess even greater latitude enshrined in treaties with the U.S. government. So from a purely legal standpoint, it would be grossly unjust and illegal to stomp on that sovereignty by levying taxes on tribal smokes the same as the Marlboros you find at the local Kwik-E-Mart.
But on a different level, there's also a sense of justice that comes from Native Americans turning handsome problems by peddling cigarettes, gambling and other vices. The transfer of cash from non-Indians seems to represent a very small and inadequate, but nonetheless important, step toward righting historical wrongs. At least, I'm not going to feel bad for the white folks who empty their pockets into tribal coffers. Not after the cholera blankets.
Tribes enjoy a decided competitive advantage by being exempt from taxation on goods like cigarettes. And that in turn makes them highly sought after by consumers of such goods, who can save upward of $30 on a carton of cigarette by buying it online instead of at their local convenience store or supermarket. Of course, this displeases the state treasuries that lose millions of dollars in sin tax revenues for their coffers, not to mention the operators of the mini-marts and grocery stores that are forced to charge steep taxes on the same cigarettes.
Of course, the reason the tribes have this unique status is that they're ostensibly sovereign nations, limiting the ability of state and federal governments to regulate their activities. While we all know that sovereignty is pretty much non-existent, or at least encroached upon whenever convenient, it's still in effect on paper. And tribes like the Seneca possess even greater latitude enshrined in treaties with the U.S. government. So from a purely legal standpoint, it would be grossly unjust and illegal to stomp on that sovereignty by levying taxes on tribal smokes the same as the Marlboros you find at the local Kwik-E-Mart.
But on a different level, there's also a sense of justice that comes from Native Americans turning handsome problems by peddling cigarettes, gambling and other vices. The transfer of cash from non-Indians seems to represent a very small and inadequate, but nonetheless important, step toward righting historical wrongs. At least, I'm not going to feel bad for the white folks who empty their pockets into tribal coffers. Not after the cholera blankets.
posted by Alexander Dubcek | 23:41
0 Comments:
Okomentovat
<< Home