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To: VRWC_minion
On a related issue

In determining whether a state regulatory law applies to a tribe on a federal Indian reservation, the courts apply a two part test to determine if state law has been preempted: (1) whether application of state law would "interfere with reservation self-government," which inquiry is informed by traditional and historical notions of tribal sovereignty; and (2) whether application of state law "would impair a right granted or reserved by federal law." Rice v. Rehner, 463 U.S. 713, 103 S.Ct. 3291 (1983). In Rice v. Rehner, the United States Supreme Court expressly determined that: "tradition simply has not recognized a sovereign immunity or inherent authority in favor of liquor regulations by Indians." Id., 103 S.Ct. at 3297. The Supreme Court found that: "The State has an unquestionable interest in the liquor traffic that occurs within its borders, and this interest is independent of the authority conferred on the States by the Twenty-First Amendment." Id., at 3298.

55 posted on 03/27/2003 9:09:33 AM PST by VRWC_minion (Opinions posted on Free Republic are those of the individual posters and most are right)
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To: VRWC_minion

(Say with German Accent)"The State has an unquestionable interest ..."

I think that sums up your true fundamentals.

56 posted on 03/27/2003 2:01:06 PM PST by Leisler
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