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Old 08-20-2010, 03:34 PM
 
5,721 posts, read 5,821,598 times
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State seizes truckload of Seneca cigarettes - The Buffalo News (http://www.buffalonews.com/city/article98421.ece - broken link)
Tribes unite to fight cigarette tax plan | TradingMarkets.com (http://www.tradingmarkets.com/news/stock-alert/tusc_tribes-unite-to-fight-cigarette-tax-plan-1121392.html - broken link)

This is a huge issue right now in New York. The state wants to collect cigarette taxes on Indian Reservations. Convenience stores support this because they lose business to consumers buying from Indian Reservations only. The Indian Nations say that they have sovereignty and the state does not have the authority to tax them.

This is obviously a very contentious issue that brings up hundreds of years of treaties and court rulings. My understanding is that the state CAN tax cigarettes sold to non-Indian nation members.
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Old 08-20-2010, 03:36 PM
 
Location: Great State of Texas
86,068 posts, read 76,871,028 times
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Haven't we taken enough away from the native Americans ?
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Old 08-20-2010, 03:37 PM
 
Location: Arlington, VA
5,412 posts, read 3,745,291 times
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Quote:
Originally Posted by HappyTexan View Post
Haven't we taken enough away from the native Americans ?
Exactly, but never underestimate how the nanny staters love to tax people...
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Old 08-20-2010, 03:40 PM
 
10,854 posts, read 8,506,152 times
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Quote:
Originally Posted by juppiter View Post
State seizes truckload of Seneca cigarettes - The Buffalo News (http://www.buffalonews.com/city/article98421.ece - broken link)
Tribes unite to fight cigarette tax plan | TradingMarkets.com (http://www.tradingmarkets.com/news/stock-alert/tusc_tribes-unite-to-fight-cigarette-tax-plan-1121392.html - broken link)

This is a huge issue right now in New York. The state wants to collect cigarette taxes on Indian Reservations. Convenience stores support this because they lose business to consumers buying from Indian Reservations only. The Indian Nations say that they have sovereignty and the state does not have the authority to tax them.

This is obviously a very contentious issue that brings up hundreds of years of treaties and court rulings. My understanding is that the state CAN tax cigarettes sold to non-Indian nation members.
The question here is does the State of New York have a legal right to tax cigerettes sold on Indian reservations? If they answer is no then they have no business confiscating the cigarettes in question. If the answer is yes than the Indian reservations need to apply the appropriate taxes as perscribed by law.
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Old 08-20-2010, 03:41 PM
 
16,546 posts, read 12,221,377 times
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I agree with Texan, we took enough from them already. Leave them alone.
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Old 08-20-2010, 03:43 PM
 
5,721 posts, read 5,821,598 times
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Originally Posted by betamanlet View Post
Exactly, but never underestimate how the nanny staters love to tax people...
I really think that's a personal attack on me, but whatever. I'm not even the capitalist here, and I'm the one pointing out that not taxing Indian Reservations is unfair to supermarkets and gas stations. Funny.
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Old 08-20-2010, 03:57 PM
 
2,671 posts, read 2,963,371 times
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It's a moot argument. Native American tribes are sovereign. We aren't municipalities. We're not even one of the fifty states; we're sovereign nations. States do not have legal jurisdition on tribal land.

One of my all time favorite jokes:

Do you know why America was the first to put a man on the moon?



They heard there was an NDN up there with ten acres.

It's a joke, so take it as such please.
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Old 08-20-2010, 03:58 PM
 
Location: Sango, TN
24,874 posts, read 22,272,032 times
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Personally, I think that a reservation should be just a reservation. States should have no jurisdiction over it, in essence, they are their own mini states, without voting rights.

However, I would think that the state could exempt them from state elections if they wanted, but not federal.
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Old 08-20-2010, 03:59 PM
 
2,671 posts, read 2,963,371 times
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Quote:
Originally Posted by JazzyTallGuy View Post
The question here is does the State of New York have a legal right to tax cigerettes sold on Indian reservations? If they answer is no then they have no business confiscating the cigarettes in question. If the answer is yes than the Indian reservations need to apply the appropriate taxes as perscribed by law.
The legal right? They have no legal authority on tribal land.

The tribe and the state could enter into a compact if they choose to negotiate one, so the state could get their slice of the pie.

LMFAO, and people thought the Indian wars were over. Nope, it's just been a different kind of battle.
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Old 08-20-2010, 04:12 PM
 
Location: Southern Arizona
880 posts, read 1,232,730 times
Reputation: 1959
And I'm guessing next the states will go after Indian Reservation casino profits.
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