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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.
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.
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.
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.
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.
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.
And I'm guessing next the states will go after Indian Reservation casino profits.
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