Sunday, June 22, 2014

TRIBE: CA's BAD ACTOR Provisions Likely VIOLATE the U.S. CONSTITUTION: WORSE than a TEAM NICKNAME

Legal Analysis of I-Poker Legislation by Harvard University Constitutional Law Professor Laurence H. Tribe
Laurence H. Tribe, Professor of Constitutional Law at Harvard Law School and one of the foremost U.S. constitutional scholars, has concluded that the “bad actor” provisions in two proposed iPoker bills in the California Legislature likely violate the U.S. Constitution.
Following a thorough legal analysis of Senate Bill 1366 (Correa) and Assembly Bill 2291 (Jones-Sawyer), Prof. Tribe concluded that both proposed bills are unlikely to survive a Constitutional challenge on several grounds. Among Prof. Tribe’s conclusions:
Constitutionally prohibited Bill of Attainder:
* The Senate and Assembly bills both contain provisions clearly designed to exclude readily identifiable (even though not expressly named) entities such as PokerStars from the California online poker market. These provisions fly in the face of the U.S. Constitution’s command that “[n]o State shall … pass any Bill of Attainder.”
* Under settled principles, a law is an unconstitutional bill of attainder if it “legislatively determines guilt and inflicts punishment upon an identifiable individual without provision of the protections of a judicial trial.” The Framers drafted the Bill of Attainder Clause as “a general safeguard against legislative exercise of the judicial function, or more simply — trial by legislature.”… It is indisputable that S.B. 1366 and A.B. 2291 exclude certain former Internet poker providers from California’s intrastate Internet poker market without any judicial trial.
* My conclusion is that both proposed bills are, and would probably be found by a court  to be, constitutionally prohibited bills of attainder.
Unconstitutional Takings
* The bills also restrict the ability of entities like PokerStars to use their existing property, raising serious problems under the Takings Clause.
* A court should also have little difficulty recognizing the harm to PokerStars’s intangible property – including harm that takes the form of rendering that property valueless as an object of sale or licensing to others – as actionable under the Takings Clause.
Equal Protection Violation
* … the Equal Protection Clause invalidates the Senate Bill’s strikingly arbitrary cutoff date—a date which has the unusual effect of excluding entities like PokerStars that are most established in the market.
* …the inapplicability of traditional rationales for the temporally inverted cutoff date, and the discrimination against a single out-of-state company all come together to create a significant prospect that a court could be persuaded to invalidate the cutoff date under the Equal Protection Clause.
Tribe concludes:
* Taking all these infirmities in the bills into account, I believe that they should not, and would not, survive federal constitutional attack.

35 comments:

Anonymous said...

Is it ok to violate a bands constitutional law, then support written bills that violate outside constitutional laws on top of your own? Bad actors would sign them, then say we are just trying to protect our rights. However, the bad actors forget to tell the truth, that they didn't follow their own constitutional laws in a few stories they have lied about inside and outside.

Anonymous said...

Bad actors saying "ALL" is me taking from you because I say so. My ancestors are no longer here and I can cause all the misinformation and lies to be broadcast because I have Bad Actor support. Financially we get more if "ALL" is a club we dictate not following custom or tradition or what our ancestors created. "ALL" is what the bad actors say and tell you about, not what the truth is.

Anonymous said...

Tribes should get full access to support "ALL" their people only if they support "ALL". Bands who allow corrupt actors to tell lies at band meetings, then again spread those lies outside the band to keep their movie active should not get anything else until the truth is broadcast instead of lies. At any moment Pechanga could force the liars and corrupt members to look at the truth and see that no one is or was ever more Pechanga Indian than anyone else. "ALL MEANS ALL"! Until the truth is expressed truthfully the bad actors and liars club will hold Pechanga Band on the fire for everyone to see what's happening. Outside governments, business people and other bands will see the liars club straight out of the movies. Thank you Corrupt Actors for showing your true colors.

Anonymous said...

TO ALL FELLOW NATIVES

Today, Pala lost one of their Elders. Richard Mojado,aka "Onnie" passed away this morning. Please keep his family in your prayers.

Anonymous said...

http://www.sandiego6.com/news/local/FBIs-Civil-Rights-Program-cracks-down-on-officials-abusing-power-264499281.html This is a great article, now is the time for disenrolled tribal members to send in their human rights complaints about their leaders.

Anonymous said...

That's for whites not Indians.

Anonymous said...

@ 12:53 pm
No its not just for the Whites. If its the FBI's program, it includes all Federal Lands, including Indian Reservations,and Military Bases. Also, don't forget that the Indian People are also considered United States Citizens.

Anonymous said...

@12:53

Indians or whites should not have to worry if they aren't violating anyone else's civil rights. if they are then they should get ready for a ride.

Anonymous said...

It's for "under the color of law" when cops or FBI violate your rights. (not tribal members)

Anonymous said...

@ 5:18
Didn't you read the artical, it say "ALL", and "ALL" means ALL.

Anonymous said...

Here the families that are disenrolled have no rights. Indian Civil Rights Acts used by the Bands Bad Actors to protect their movie rights while telling lies of why they disenroll others and not follow thebands custom and tradition, or their constitution or bylaws. The families in question where accepted by ancestors, and helped create “all” things the band is today. The Band voices itself and the Bad Actors say no We disagree to “all” and bam here we are almost 10yrs. Later. The Bad Actors still say We have the rights, but the families we disenroll have none, even though my ancestors said they are from here in recorded oral tradition.

Anonymous said...

Its for any official using his power the wrong way...... That includes anyone holding an office including tribal, any tribal police or security who abuse power, not just whites moron. Your family says they don't have rights, you just don't know your rights. If you n your family had their rights violated then prove it, its a constitutional thing..... Did "your" council give due process, at anytime did a council member use his power to push his way, did any uniformed official harass you...ect ECT. That's what that means! Any official working under the color of law (Indian law as well) any position that holds any power.

Anonymous said...

Borst said SDPD is complying with both the FBI and the Department of Justice to make necessary improvements.


We know that's not true because "Eric Holder " will not enforce anything ?

You guys are dreaming,..

Anonymous said...

The dreams include the truth. The Bad Actor club being looked at for the Acts they believe is OK. The Bad Actors go outside and when questioned about some of the Acts, the truth shines through the lies easily. Either the band wants to see if Bad Acts are not violating others rights, or they want the Bad Actors to say it's ok what we have done and give us our rights while we take others rights away. Congress and Senate are seeing the Bad Actors, now everyone can see them crystal clear.

Anonymous said...

"Pechanga Band of Luiseno Mission Indians."
The tribe's constitution in 1978 said that members must prove "descent from original Pechanga Temecula people." In 1996 the tribal council tightened the rules, declaring for the first time that "members had to have an ancestor from the subset of Temecula who relocated to the Pechanga valley" where the reservation was established. In cases of disenrollment of large families in 2004 and 2006, Pechanga officials have said they were enforcing rules of membership that required historical residence as well as descent from known Temecula.
According to recorded Ancestral depositions, some where disenrolled without cause. Either the Bad Actors don't believe other Elders, or they just don't care what our Elders say. Either one the civil rights have been violated.

Anonymous said...

Change is good, but acts being allowed inside that our ancestors went through from outsiders is not our way I believe (apartheid, dis enrollment, lies, greed ect.). Criminal acts (unwanted sexual acts, drug use, stealing ect.) on others is different. Disagreements & unsettled questions is a different thing and should be handled together inside. Misusing customs and traditions to hold power, telling lies to outsiders to justify your actions is not our way either. These acts are running through because $$ is blinding, and people are forgetting these acts could be used against them. They would feel uncomfortable too, feeling their children watch the bad mistakes. No one is going anywhere.

Anonymous said...

These things happen at Pechanga (no offense to anyone) because our tribe is being run by a white washed indian who grew up off the reservation and didn't even know what the reservation was or that he was native until in his 30's. He doesn't know the traditions and way of living like most natives did before the money started pouring in. Pechanga is not a corporation it's a tribe, a family of people.

Anonymous said...

All the problems started when tribal leaders started to realize they were elected officials and didn't want to risk losing the perks of being in charge so they started disenrolling opposition (votes).

Anonymous said...

the real fact is the band spoke clearly and said "All means All" before the second family was pushed away. constitution says the band decides in "All matters" but the bad actors didn't like what the band decided. violating custom and tradition,constitution, to make choices outside the band violates All Rights. Then lies inside and outside the band by the bad actors has shown everyone everywhere that civil rights will be violated to make a statement that our elders roll around.

Anonymous said...

the real fact is the band spoke clearly and said "All means All" before the second family was pushed away. constitution says the band decides in "All matters" but the bad actors didn't like what the band decided. violating custom and tradition,constitution, to make choices outside the band violates All Rights. Then lies inside and outside the band by the bad actors has shown everyone everywhere that civil rights will be violated to make a statement that our elders roll around.

Anonymous said...

the fact is several instances of people returned to the rez after adult hood for msny reason s and time. even before a casino this occurred. no one is more than anyone. thats the truth. we "All" belong.

Anonymous said...

Ya, white no Indian blood ,all belong.

Anonymous said...

Lmao

Anonymous said...

Tribes deserve to be sovereign entities imbued with the authority of self-determination on their own land. For a healthy government-to-government relationship to exist the U.S. government needs to respect the binding agreements spelled out in their own treaties. "All" Native Americans should demand nothing less than what the U.S. government has promised them. That is why we at NARF, having sworn to preserve and protect the rights of all Native Peoples, take the battles to the courts.

Anonymous said...

The real problem is when someone does meet the bands requirements and is outcast illegally, then the bad actors go to other governments and lies about the acts to get more rights than "ALL". People rights are being violated.

Anonymous said...

All tribal members that have been disenrolled in the Indian country, should come together. Our voices won't be heard unless we stand as one, Congress won't see the problem unless we unite. Its not about just one tribe it's about ALL tribes. The ones put in the positions to take our rights need to be seen for who they really are, from the pechanga tribe to the Shingle springs tribe, for ALL the tribes that have been touched by the disenrollment genocide this is to much wrong doing. And someone needs to hear our voice!!

Anonymous said...

Yes so true!!!! Good Actors tell the truth!

Anonymous said...

I agree with 11:40am, we all need to come together so that our voice can be and will be heard. As a group the dis-enrolled have become big in numbers and we have more power if we come together. We need to figure this out, whether it be a class action suit against the BIA and The DOI, DOJ, or the ASIA, or gather together to protest, or come up with some kind of petition. If we do it right, we will be heard.

Anonymous said...

oh brother, lets all protest (who are you) Richard Simmons, go team go,..

Anonymous said...

Oh brother, now it's not someone can't prove they were a member for a reason. Now the Bad Actor lies are people don't deserve to be members because they were not there when someone gave me a place to stay and that makes me more deserving than you. My folks came back before I was born, that makes me more deserving. They were in their 30 when they came back. Welcome to the Apple farm I didn't fall far from the tree, if you lie with me and Bad Actor club then that justifies ignoring our ancestors bad days, and the reason the rez was really created. Farming the Apple trees.

Anonymous said...

"Tribes deserve to be sovereign entities imbued with the authority of self-determination on their own land. For a healthy government-to-government relationship to exist the U.S. government needs to respect the binding agreements spelled out in their own treaties. "All" Native Americans should demand nothing less than what the U.S. government has promised them. That is why we at NARF, having sworn to preserve and protect the rights of all Native Peoples, take the battles to the courts."

You are kidding right? NARF protects the rights of all Native Peoples?

Well do you consider having Pechanga Chairman Mark Macarro on NARF's board of directors who presided over the illegal disenrollment of 25% of his own tribe protecting the rights of Native people? That is like having a rapist on the board of directors on an anti rape organization.

Anonymous said...

@ 1:34

Exactly. The Bad Actors try and cover their lies and misinformation anyway they can.

That again is why it's important the truth gets shared also. Our Ancestors suffered and made it, now we respect that and do the same. NONE IS MORE DESERVING THAN ANYONE ELSE. ALL IS ALL FOREVER. If the Bad Actors feel they can do whatever they want and hide behind the sovereignty shield, than they are affirming the same for ALL NATIVES even the ones who disagree with disenrollment, apartheid, greed percap take over, negotiation with Feds and State reps over rights and settlement issues. ALL MEANS ALL NARF. Even the Bad Actors club deserves recognition.

Anonymous said...

Go to the source (they told me they have the money) kick starter.com

Anonymous said...

The most dangerous liars are the one who think they are telling the truth. Even when they are questioned about provable facts.

Anonymous said...

Anonymous said...
It is so sad that the only thing these committees and tribal councils will be remembered for is how they helped dismantle their own history and legitimacy as a tribe. What is even more disturbing is the amount of people that were a part of a tribe from before federal recognition and worked side by side with members to get federal recognition and now people that know the truth are arguing those same people that put in the work, blood, sweat, and tears do not belong. Are people that ignorant to think that people don't know the actual truth and even more importantly were present when original forms were signed and articles of association were put in place. It is time to stop allowing ignorance to continue and allowing people to lie there way into disenrollment hearings. Make no mistake, those that do not stand up for what is right will be exposed in name for what they allowed to happen by being silent. Your good name is as good as gone forever if you encourage and support termination and relocation of your own people. Stand up people or you are one disenrollment away from losing all your history, heritage, advocates, and legitimacy as a people.
May 22, 2012 at 4:45 PM