What is the jurisdiction of Indian tribes?
At the time of the 14th they were sovereign nations. I'm not sure what the territorial status is now. Maybe like an embassy? Must be somehow different, because of the casinos.
Does that produce an exception?
The Indian Citizenship Act of 1924, also known as the Snyder Act, was proposed by Representative
Homer P. Snyder (R) of New York and granted full U.S. citizenship to America's indigenous peoples, called "Indians" in this Act. (The Fourteenth Amendment guarantees citizenship to persons born in the U.S., but only if "subject to the jurisdiction thereof"; this latter clause excludes certain indigenous peoples.) The act was signed into law by President Calvin Coolidge on June 2, 1924.
Even Native Americans who were granted citizenship rights under the 1924 Act, may not have had full citizenship and suffrage rights until 1948. According to a survey by the Department of Interior, seven states still refused to grant Indians voting rights in 1938. Discrepancies between federal and state control provided loopholes in the Act?s enforcement. States justified discrimination based on state statutes and constitutions. Three main arguments for Indian voting exclusion were Indian exemption from real estate taxes, maintenance of tribal affiliation and the mistaken notion that Indians were under guardianship, or lived on lands controlled by federal trusteeship (Peterson 121). By 1947 all states with large Indian populations, but Arizona and New Mexico, had extended voting rights to Native Americans that qualified under the 1924 Act. Finally, in 1948 these states withdrew their prohibition on Indian voting because of a judicial decision (Bruyneel).
http://en.wikipedia.org/wiki/Indian_Citizenship_Act_of_1924Re: Casinos
In the very early 1970s, Russell and Helen Bryan, a married Chippewa couple living in a mobile home on Indian lands in northern Minnesota, received a property tax bill from the local county, Itasca County.[1] The Bryans had never received a property tax bill from the county before. Not certain what to do, but unwilling to pay it, they took the tax notice to local legal aid attorneys at Leech Lake Legal Services, who brought suit to challenge the tax in the state courts. The Bryans lost their case in the state district court, and they lost again on appeal in a unanimous decision by the Minnesota Supreme Court. Their last chance was to seek review in the United States Supreme Court. The Supreme Court granted review, and in a sweeping and unanimous decision authored by Justice Brennan, the Supreme Court held not only that states do not have authority to tax Indians on Indian reservations, but that they also lack the authority to regulate Indian activities by Indians on Indian reservations.[1] As Gaming Law Professor Kevin K. Washburn has explained, the stage was now set for Indian gaming. Within a few short years, enterprising Indians and tribes began to operate Indian bingo operations in numerous different locations around the United States.
http://en.wikipedia.org/wiki/Native_American_gaming_enterprises
