‘duMp sLAde 2000’ 315
of 500 overflowed a large hotel ballroom. “Some were forced to stand
impatiently behind red velvet ropes.... Hushed but fierce debates took
place on subjects from tribal autonomy to the Constitution, to who are
better stewards of local natural resources. Property-rights proponents in
T-shirts and caps stood next to lawyers in suits, who sat talking with citi-
zens who had steeped themselves in treaty rights and constitutional law.”
Gorton supporters began to recite the Pledge of Allegiance. When they
were drowned out by tribal drummers and chanting, they shouted,
“WITH LIBERTY AND JUSTICE FOR ALL!”^19
“This bill fails to recognize that tribes have already taken steps to en-
sure fairness and due process to all who live on (reservations) or have
contact with tribes,” one tribal leader testified. Private-property owners
groaned and shook their heads. Several held signs that read “End Treaty
Abuse.” Some said they hoped Gorton’s proposal would also spawn action
on non-Indians’ hunting, shellfish and water rights—precisely what the
tribes feared. An attorney for the Lummi Nation said Gorton’s plan was
like using a “bulldozer... to remove a dandelion weed from the front
lawn.” Poor tribes could be wiped out by one large court settlement, oth-
ers argued. Tribal courts could be paralyzed by lawsuits. Gorton’s mea-
sure was unnecessary, they said, because there was a growing trend for
tribes to waive their immunity on a case-by-case basis, “particularly when
nontribal businesses might be reluctant to do business with a tribe un-
less the immunity was dropped.”^20
“The difference between Indians and most minority groups,” Senator
Campbell observed, “is that minorities came here from somewhere else
and upward mobility is their driving force. That is secondary to Native
Americans. Their driving force has always been don’t lose any more than
we have already lost.”^21
With all due respect to the chairman, Gorton replied, that was beside
the point. They were there to weigh these issues:
Is it necessary for a governmental body to be free from litigation in order
to carry out its governmental functions? If so, then the United States is
no longer a sovereign nation because it can be sued on a wide range of
Sovereign immunity and sovereignty are two separate issues.issues.......
It should also be noted that the doctrine of sovereign immunity is not
protected directly or indirectly by any Indian treaty. The American Indian
Equal Justice Act is an attempt to find a solution to the problems which
constantly exacerbate the day-to-day relations among governments, indi-
vidual citizens and America’s 554 Indian tribes. I seek an answer to this
question: How does the doctrine of sovereign immunity fit into the 20th