If the Indian vote in the early primary contests was anything near the African-American vote, if Santa Fe and Albuquerque, not Reno and Las Vegas, were the third cache of mid-winter voters to open and consume, to analytically crack the bones and suck out the marrows -- canvas, message, poll, vote, spin -- then everyone, non-Indian as well as Indian, would be thinking through the meanings of this:
Obama's campaign said he believes tribal gaming should be decided on a case-by-case basis with consideration for the wishes of the states involved1.
The most exculpatory construction, to which Molly Ball devotes several paragraphs, is that the Obama inner-circle of 2007 hadn't given any thought to the issue and recycled the non-surprising policy of most non-Indians in state-level electoral politics -- state's rights, not in the 10th Amendment sense of a covert undermining of the Civil Rights Act of 1964, but the even more corrosive sense of nullification of the first Indian Nonintercourse Act (Act of July 22, 1790, 1 Stat. 137) and its sequella, 25 U.S.C. § 117, which hold that a sale of Indian lands was not valid unless "made and duly executed at some public treaty, held under the authority of the United States." Oklahoma after the 1906 Act. All of Indian Country from 1947 to 1961.
Howard Dean, while governor of Vermont, used state money to lobby the BIA to reject or delay the application for Federal Recognition made by the Swanton Band of Abenakis. His administration argued in state, and federal courts, for Vermont's jurisdictional exclusion of any Tribal standing in the state or the federal courts. That came back to haunt him in the New Mexico and Oklahoma primaries, which in the '04 cycle were neither early nor late, where he was defeated by the candidate I advised, Wes Clark, who was unconditionally for the Nixon model (the Gold Standard for the Tribal-Federal relationship) -- Self-Determination.
But what if the Obama inner-circle of 2007 had considered Indian Gaming, not as a policy problem, but as a political tool, a device to motivate demographics that reject "special rights", and who may not be able to reject "special rights" such as Affirmative Action, or Non-Discrimination, or Disabilities, could safely go after Indian Gaming as unfair, unequal, un ... American.
Does anyone have any indication that the Obam a inner-circle of 2007, or the Obama inner-circle of 2008, has a policy position on the Federal-Tribal relation, a policy position that envisions substantive changes to the contours created by a hostile Court over the past three decades?
If not, then its time to click through to a 10 minute read on the use of a political tool, a device to motivate demographics, by the Obama inner-circle in late 2007 and early 2008, and reflect on what this means, for Tribal Executives looking at either a McCain, or an Obama Administration, and for the fragile coalition of the historically disadvantaged who simply must have accommodation, or sink back into the conditions that caused Truman to send federal troops to Little Rock. Via Avadon, who's hesitation to post this is surprising. Sean Wilentz's piece in TNR, How Barack Obama played the race card and blamed Hillary Clinton.
Now reflect on the Land-into-Trust issue, the likely trajectories of the USET tribes, the California gaming and not-yet-gaming tribes, the Great Lakes and Upper, Middle, and Lower Mississippi gaming, and not-yet-gaming tribes, the Oklahoma tribes, and the Federal-Indian policy goals, and political goals, of an Obama Administration formed by the past, and present Obama inner-circle. Will the non-gaming issues like gas, oil, coal, and mineral rights, or energy corridors, be treated any differently?
1 Las Vegas Review-Journal, Dec. 23, 2007. The title of the piece is PRESIDENTIAL POLITICS: Obama's gaming give, take Candidate accepts industry's money, still expresses concern, by MOLLY BALL.