[Congressional Record Volume 156, Number 40 (Thursday, March 18, 2010)]
[Extensions of Remarks]
[Page E412]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             PREVENT ALL CIGARETTE TRAFFICKING ACT OF 2009

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                               speech of

                     HON. STEPHANIE HERSETH SANDLIN

                            of south dakota

                    in the house of representatives

                       Wednesday, March 17, 2010

  Ms. HERSETH SANDLIN. Mr. Speaker, I rise today in opposition to S. 
1147. While I acknowledge the importance of curbing underage smoking 
and respect this bill's intent to prevent funding of terrorist groups, 
I believe the bill threatens the government-to-government relationship 
with Native American tribes set out by our founders in the U.S. 
Constitution.
  Article I, Section 8 of the Constitution gives Congress the authority 
to regulate commerce with Indian tribes. However, this bill would open 
the door to allowing States to bring felony charges against tribes and 
tribal businesses who participate in tribe-to-tribe transactions.
  Two of the tribes I have the honor of representing, the Rosebud Sioux 
and Yankton Sioux, have contacted me with their concerns. They also do 
not object to this bill and support reducing cigarette trafficking. 
They simply ask that the bill be amended so that tribal sovereignty, 
recognized through hundreds of treaties and reaffirmed through 
executive orders, judicial decisions, and congressional action, not be 
encroached.
  I urge this body to respect tribal sovereignty and it is for this 
reason I could not support this bill today.

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