South Dakota v. Bourland | |
---|---|
![]() | |
Argued March 2, 1993 Decided June 14, 1993 | |
Full case name | South Dakota v. Gregg Bourland, etc., et al. |
Citations | 508 U.S. 679 ( more ) 113 S. Ct. 2309; 124 L. Ed. 2d 606; 1993 U.S. LEXIS 4034 |
Prior history | State of South Dakota v. Gregg Bourland, etc., et al.,949F.2d984(8th Cir.1991). |
Holding | |
Reversed, held that Congress specifically abrogated treaty rights with the Cheyenne River Sioux Tribe as to hunting and fishing rights on reservation lands that were acquired for a reservoir. | |
Court membership | |
| |
Case opinions | |
Majority | Thomas, joined by Rehnquist, White, Stevens, O'Connor, Scalia, Kennedy |
Dissent | Blackmun, joined by Souter |
Laws applied | |
Fort Laramie Treaty of 1868 (15 Stat 635); Flood Control Act of 1944 (58 Stat 887); Cheyenne River Act of September 3, 1954 (68 Stat 1191) |
South Dakota v. Bourland, 508 U.S. 679 (1993), was a case in which the Supreme Court of the United States held that Congress specifically abrogated treaty rights with the Cheyenne River Sioux Tribe as to hunting and fishing rights on reservation lands that were acquired for a reservoir. [1]
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about 100–150 of the more than 7,000 cases that it is asked to review.
In 1868, the Fort Laramie Treaty, 15 Stat. 635 [2] was signed between the United States and the Sioux Indian Tribe. This reservation covered almost the entire present day state of South Dakota, but was broken up into six separate reservations in 1889, one of which was the Cheyenne River Indian Reservation. [1] [3] [4]
The Treaty of Fort Laramie was an agreement between the United States and the Oglala, Miniconjou, and Brulé bands of Lakota people, Yanktonai Dakota and Arapaho Nation, following the failure of the first Fort Laramie treaty, signed in 1851.
The United States Statutes at Large, commonly referred to as the Statutes at Large and abbreviated Stat., are an official record of Acts of Congress and concurrent resolutions passed by the United States Congress. Each act and resolution of Congress is originally published as a slip law, which is classified as either public law or private law (Pvt.L.), and designated and numbered accordingly. At the end of a Congressional session, the statutes enacted during that session are compiled into bound books, known as "session law" publications. The session law publication for U.S. Federal statutes is called the United States Statutes at Large. In that publication, the public laws and private laws are numbered and organised in chronological order. U.S. Federal statutes are published in a three-part process, consisting of slip laws, session laws, and codification.
The Lakota are a Native American tribe. Also known as the Teton Sioux, they are one of the three Sioux tribes of Plains. Their current lands are in North and South Dakota. They speak Lakȟótiyapi—the Lakota language, the westernmost of three closely related languages that belong to the Siouan language family.
In 1934, in accordance with the Indian Reorganization Act, the Cheyenne River Sioux Tribe developed a tribal constitution and enacted tribal laws regulating hunting and fishing on the reservation. In 1953, Congress passed Public Law 280 which granted South Dakota certain jurisdiction over the reservation, but reserved tribal hunting and fishing laws and regulations to tribal jurisdiction. [1] [3]
The Indian Reorganization Act of June 18, 1934, or the Wheeler-Howard Act, was U.S. federal legislation that dealt with the status of Native Americans. It was the centerpiece of what has been often called the "Indian New Deal". The major goal was to reverse the traditional goal of assimilation of Indians into American society and to strengthen, encourage and perpetuate the tribes and their historic traditions and culture.
The United States Congress is the bicameral legislature of the Federal Government of the United States. The legislature consists of two chambers: the House of Representatives and the Senate.
Public Law 280 is a federal law of the United States establishing "a method whereby States may assume jurisdiction over reservation Indians," as stated in McClanahan v. Arizona State Tax Commission. 411 U.S. 164, 177 (1973).
In 1944, Congress passed the Flood Control Act which allowed the government to purchase land along the Missouri River to build dams. In 1950, Congress passed the Cheyenne River Act which transferred approximately 105,000 acres (420 km2; 164 sq mi) acres from the tribe for approximately $10,000,000.00. The act specifically reserved hunting and fishing rights on the land to the tribe. The tribe and South Dakota thereafter negotiated hunting and fishing agreements where the tribe would honor state hunting licenses on the reservation, until 1988 when they could not reach an agreement. The tribe then stated it would not honor state hunting licenses. [1] [3]
In the United States, there are multiple laws known as the Flood Control Act (FCA). Typically, they are enacted to control irrigation because of floods or other natural disasters and are administered by the United States Army Corps of Engineers. These laws were enacted beginning in 1917, with the most recent one being passed in 1965.
The Missouri River is the longest river in North America. Rising in the Rocky Mountains of western Montana, the Missouri flows east and south for 2,341 miles (3,767 km) before entering the Mississippi River north of St. Louis, Missouri. The river takes drainage from a sparsely populated, semi-arid watershed of more than half a million square miles (1,300,000 km2), which includes parts of ten U.S. states and two Canadian provinces. When combined with the lower Mississippi River, it forms the world's fourth longest river system.
South Dakota then filed suit in the United States District Court for the District of South Dakota, seeking an injunction to prevent the tribe from enforcing its regulations on non-Indian fee land and land taken under the Cheyenne River Act, but was still within the reservation boundaries. The District Court found for South Dakota and issued the injunction. The tribe then appealed to the Eighth Circuit Court of Appeals. The Court of Appeals affirmed in part, reversed in part, and remanded in part. [1] [3]
The United States District Court for the District of South Dakota is the United States District Court or the Federal district court, whose jurisdiction for issues pertaining to federal law or diversity for the state of South Dakota. The court is based in Sioux Falls with other courthouses in Rapid City, Pierre, and Aberdeen. The district was created in 1889, when the Dakota Territory was divided into North and South Dakota.
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers." A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Counterinjunctions are injunctions that stop or reverse the enforcement of another injunction.
The United States Court of Appeals for the Eighth Circuit is a United States federal court with appellate jurisdiction over the following United States district courts:
The Eighth Circuit held that the tribe had the authority to regulate hunting and fishing since Congress did not explicitly revoke that authority, but that on non-Indian fee land that had been acquired by the government, the tribe's authority had been divested unless certain exceptions were met, to be determined by further action in the District Court. South Dakota appealed and the United States Supreme Court granted certiorari. [1] [3]
Certiorari, often abbreviated cert. in the United States, is a process for seeking judicial review and a writ issued by a court that agrees to review. A certiorari is issued by a superior court, directing an inferior court, tribunal, or other public authority to send the record of a proceeding for review.
Reversed. Justice Clarence Thomas delivered the opinion of the court. Thomas first went through the Cheyenne River Act and covered what each relevant section stated. Thomas noted that there was a difference between the 104,420 acres (422.6 km2; 163.16 sq mi) of trust land transferred by the tribe under the Cheyenne River Act and the 18,000 acres (73 km2; 28 sq mi) of non-Indian owned fee lands transferred under the Flood Control Act. Citing Menominee Tribe v. United States , 391 U.S. 404 (1968) and Montana v. United States , 450 U.S. 544 (1981), Thomas noted that Congress has the power to abrogate treaty provisions but that they must "clearly express its intent to do so." Although Thomas indicated that such an abrogation be clearly expressed, he found that the statutes in question "implies the loss of regulatory jurisdiction" by the tribe. Although Thomas found that the statute implied the loss rather than clearly stated it, he reversed the opinion of the Eighth Circuit Court. [1]
Justice Harry Blackmun issued a dissenting opinion, joined by Justice Souter. Blackmun went into detail pointing out the difference between an explicit abrogation and an implied abrogation. Blackmun would have upheld the decision of the Court of Appeals. [1]
The Sioux, also known as Očhéthi Šakówiŋ, are groups of Native American tribes and First Nations peoples in North America. The term can refer to any ethnic group within the Great Sioux Nation or to any of the nation's many language dialects. The modern Sioux consist of two major divisions based on language divisions: the Dakota and Lakota.
As general terms, Indian Territory, the Indian Territories, or Indian country describe an evolving land area set aside by the United States Government for the relocation of Native Americans who held aboriginal title to their land. In general, the tribes ceded land they occupied in exchange for land grants in 1803. The concept of an Indian Territory was an outcome of the 18th- and 19th-century policy of Indian removal. After the Civil War (1861–1865), the policy of the government was one of assimilation.
The Great Sioux Reservation was the original area encompassing what are today the various Sioux Indian reservations in South Dakota and Nebraska.
The Sisseton Wahpeton Oyate of the Lake Traverse Reservation, formerly Sisseton-Wahpeton Sioux Tribe/Dakota Nation, is a federally recognized tribe comprising two bands and two sub-divisions of the Isanti or Santee Dakota people. They are located on the Lake Traverse Reservation in northeast South Dakota.
Native American tribes in the U.S. state of Nebraska have been Plains Indians, descendants of succeeding cultures of indigenous peoples who have occupied the area for thousands of years. More than 15 historic tribes have been identified as having lived in, hunted in, or otherwise occupied territory within the current state boundaries.
United States v. Dion, 476 U.S. 734 (1986), was a decision by the Supreme Court of the United States which held that, pursuant to the Eagle Protection Act, American Indians were prohibited from hunting eagles. Justice Thurgood Marshall wrote the unanimous opinion of the Court.
Montana v. United States, 450 U.S. 544 (1981), was a Supreme Court case that addressed two issues: (1) Whether the title of the Big Horn Riverbed rested with the United States, in trust for the Crow Nation or passed to the State of Montana upon becoming a state and (2) Whether Crow Nation retained the power to regulate hunting and fishing on tribal lands owned in fee-simple by a non-tribal member. First, the Court held that Montana held title to the Big Horn Riverbed because the Equal Footing Doctrine required the United States to pass title to the newly incorporated State. Second, the Court held that Crow Nation lacked the power to regulate nonmember hunting and fishing on fee-simple land owned by nonmembers, but within the bounds of its reservation. More broadly, the Court held that Tribes could not exercise regulatory authority over nonmembers on fee-simple land within the reservation unless (1) the nonmember entered a "consensual relationship" with the Tribe or its members or (2) the nonmember's "conduct threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe."
United States v. Lara, 541 U.S. 193 (2004), was a United States Supreme Court case which held that both the United States and a Native American (Indian) tribe could prosecute an Indian for the same acts that constituted crimes in both jurisdictions. The Court held that the United States and the tribe were separate sovereigns; therefore, separate tribal and federal prosecutions did not violate the Double Jeopardy Clause.
Solem v. Bartlett, 465 U.S. 463 (1984), was a Supreme Court Case involving Indian country jurisdiction in the United States, in which the court decided that opening up reservation lands for settlement by non-Indians does not constitute the intent to diminish reservation boundaries. Therefore, reservation boundaries would not be diminished unless specifically determined through legislation.
Menominee Tribe v. United States, 391 U.S. 404 (1968), is a case in which the Supreme Court ruled that the Menominee Indian Tribe kept their historical hunting and fishing rights even after the federal government ceased to recognize the tribe. It was a landmark decision in Native American case law.
Oregon Department of Fish and Wildlife v. Klamath Indian Tribe, 473 U.S. 753 (1985), was a case appealed to the US Supreme Court by the Oregon Department of Fish and Wildlife. The Supreme Court reversed the previous decisions in the District Court and the Court of Appeals stating that the exclusive right to hunt, fish, and gather roots, berries, and seeds on the lands reserved to the Klamath Tribe by the 1864 Treaty was not intended to survive as a special right to be free of state regulation in the ceded lands that were outside the reservation after the 1901 Agreement.
The following outline is provided as an overview of and topical guide to United States federal Indian law and policy:
The Cherokee Commission, was a three-person bi-partisan body created by President Benjamin Harrison to operate under the direction of the Secretary of the Interior, as empowered by Section 14 of the Indian Appropriations Act of March 2, 1889. Section 15 of the same Act empowered the President to open land for settlement. The Commission's purpose was to legally acquire land occupied by the Cherokee Nation and other tribes in the Oklahoma Territory for non-indigenous homestead acreage.
New Mexico v. Mescalero Apache Tribe, 462 U.S. 324 (1983), was a case in which the Supreme Court of the United States held that the application of New Mexico's laws to on-reservation hunting and fishing by nonmembers of the Tribe is preempted by the operation of federal law.
Oklahoma Tax Commission v. Sac & Fox Nation, 508 U.S. 114 (1993), was a case in which the Supreme Court of the United States held that absent explicit congressional direction to the contrary, it must be presumed that a State does not have jurisdiction to tax tribal members who live and work in Indian country, whether the particular territory consists of a formal or informal reservation, allotted lands, or dependent Indian communities.
United States v. John, 437 U.S. 634 (1978), was a case in which the Supreme Court of the United States held that lands designated as a reservation in Mississippi are "Indian country" as defined by statute, and under the Major Crimes Act, the State has no jurisdiction to try an Indian for crimes covered by that act.
Antoine v. Washington, 420 U.S. 194 (1975), was a United States Supreme Court case in which the Court held that treaties and laws must be construed in favor of Native Americans (Indians); that the Supremacy Clause precludes the application of state game laws to the tribe; that Congress showed no intent to subject the tribe to state jurisdiction for hunting; and while the state can regulate non-Indians in the ceded area, Indians must be exempted from such regulations.
The Klamath Termination Act was a 1953 law under the US Indian termination policy. The Klamath tribe along with the Flathead, Menominee, Potawatomi, and Turtle Mountain Chippewa, as well as all tribes in the states of California, New York, Florida, and Texas were targeted for immediate termination by House Concurrent Resolution 108 of 1953. The statement which was issued 1 August 1953 by the United States Congress announced the official beginning of the federal Indian termination policy. The tribes that were listed as being ready for immediate termination had been placed on a list prepared by acting Commissioner of Indian Affairs, William Zimmerman, because they met four primary criteria: adequate resources, they had adopted to a certain degree the cultural traits of the larger American culture, they were willing to terminate federal trust obligations, and the state was willing to assume jurisdiction over their criminal and civil matters.