Newswise — When the story on Jack Abramoff broke, it was reported that in ostensibly helping them to pursue gaming interests, he had defrauded at least four American Indian tribes of tens of millions of dollars and had referred to his tribal clients as, among other pejoratives, "morons." These facts were rightly met with outrage. It appears Congress may act to mitigate such unscrupulous behavior. But members of Congress, fearful of being tainted by the scandal, should be careful to avoid knee-jerk reactions that punish tribes for Abramoff's transgressions.
Tribes may act like special interest groups at times, but they are not. Tribes are self-governing sovereign nations that, as a result of a long and embattled history, have been required to negotiate a flawed political process. Since both state and federal law directly impacts tribes and their livelihoods, it shouldn't be surprising that tribes strive to influence political outcomes. Indeed, with doors opened by gaming revenue, many tribes, for the first time, are meaningfully and effectively engaged in the American political process as real players, using public-relations campaigns, lobbying, and campaign contributions " just like other Americans.
Lacking direct representation in Congress and faced with governmental obligations to their members, tribes are relative latecomers to the game of big-time politics, and the rules are not of their making. They should not be blamed for the flaws endemic to a political system beholden to special interests and susceptible to influence-peddling, bribery, and fraud by the Jack Abramoffs inside and outside the Beltway.
Politicians must resist the urge to make tribes, particularly those who operate casinos, political pariahs. Instead, as many in Congress know and some are willing to admit, it is the current state of American politics that should be reformed. Tribes' continuing efforts to improve reservation quality of life, through gaming and other means, should be encouraged, not encumbered.
The Abramoff affair dovetails with concerns that the tribal gaming industry is "out of control," rife with such unintended consequences as crime, corruption, and undue political influence. In recent years, it's been a popular theme to portray tribes, perhaps especially those with casinos, as naïve or, worse, corrupt.
But since the advent of Indian gaming, more and more tribes have demonstrated that they are sophisticated political entities, capable of successfully managing complex business enterprises and translating gaming profits into increasingly self-sufficient governments. Through tribally owned and operated casinos, tribes have had unprecedented opportunities to stretch their wings as effective governing bodies as well as savvy business entrepreneurs. In a recently published book, we document how many rural tribes, whose members face some of the most dire living conditions in the U.S., have used gaming revenue to reduce poverty and unemployment rates, build schools and hospitals, pave roads and construct sewer systems, preserve and revitalize cultural traditions, and build responsive and responsible government institutions, such as tribal courts.
Far from being unregulated, tribal casinos are subject to a complex regulatory web involving three levels of governmental authority: tribal, state, and federal. Tribes who violate applicable law and regulations do so at the risk of losing what may be the first viable means of economic development available to them in generations.
Sure, the road to self-sufficiency is a bumpy one, especially given long-standing socioeconomic deficits and, by necessity, continued reliance on federal resources on many reservations. Jack Abramoff certainly didn't help. But most gaming tribes and tribal officials are playing by the rules, and are well aware of the risks of unethical practices, not only to themselves but to the well-being of their communities.
As has been proved in recent days, the Abramoff scandal has legs and extends far beyond his bilking of tribes. Abramoff's corrupt and criminal activities undoubtedly will reveal troubling issues that cry out for political reform. But reforms that have the effect of further excluding tribes from the political process, or hindering Indian gaming as a tool of reservation economic development, are not the answer.
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