South Dakota v. Bourland
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 |
Case history | |
Prior | South Dakota v. Bourland, 949 F.2d 984 (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]
Background
History
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]
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]
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]
Lower Courts
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 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]
Opinion of the Court
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]
Dissent
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]
See also
References
- ^ a b c d e f g h South Dakota v. Gregg Bourland, et al., 508 U.S. 679 (1993)
- ^ Kappler, Charles J., ed. (1904). "Treaty with the Sioux-Brule, Ogala, Miniconjou, Yanktonai, Hunkpapa, Blackfeet, Cuthead, Two Kettle, Sans Arcs, and Santee-and Arapaho, 1868". Indian Affairs: Laws and Treaties, Vol. II (Treaties). Washington, DC: GPO. pp. 998–1007. Retrieved May 19, 2010., courtesy of Oklahoma State University Library
- ^ a b c d e State of South Dakota v. Gregg Bourland, etc., et al., 949 F.2d 984 (8th Cir. 1991).
- ^ Kappler, Charles J., ed. (1904). "March 2, 1889: 25 Stat. 888". Indian Affairs: Laws and Treaties, Vol. I (Laws). Washington, DC: GPO. pp. 328–339. Retrieved May 19, 2010., courtesy of Oklahoma State University Library
External links
- Text of South Dakota v. Gregg Bourland, et al., 508 U.S. 679 (1993) is available from: CourtListener Justia Library of Congress Oyez (oral argument audio)
- v
- t
- e
- Johnson v. McIntosh (1823)
- Cherokee Nation v. Georgia (1831)
- Worcester v. Georgia (1832)
- Fellows v. Blacksmith (1857)
- New York ex rel. Cutler v. Dibble (1858)
- Standing Bear v. Crook (D. Neb. 1879)
- Ex parte Crow Dog (1883)
- Elk v. Wilkins (1884)
- Seneca Nation of Indians v. Christy (1896)
- Talton v. Mayes (1896)
- Lone Wolf v. Hitchcock (1903)
- United States v. Santa Fe Pacific Railroad Co. (1941)
- Tee-Hit-Ton Indians v. United States (1955)
- Williams v. Lee (1959)
- Federal Power Commission v. Tuscarora Indian Nation (1960)
- Menominee Tribe v. United States (1968)
- McClanahan v. Arizona State Tax Commission (1973)
- Oneida Indian Nation of New York v. County of Oneida (1974)
- Bryan v. Itasca County (1976)
- United States v. Antelope (1977)
- Santa Clara Pueblo v. Martinez (1978)
- Merrion v. Jicarilla Apache Tribe (1982)
- Solem v. Bartlett (1984)
- County of Oneida v. Oneida Indian Nation of New York State (1985)
- South Carolina v. Catawba Indian Tribe, Inc. (1986)
- Hodel v. Irving (1987)
- Mississippi Band of Choctaw Indians v. Holyfield (1989)
- Duro v. Reina (1990)
- South Dakota v. Bourland (1993)
- Idaho v. Coeur d'Alene Tribe of Idaho (1997)
- Idaho v. United States (2001)
- United States v. Lara (2004)
- City of Sherrill v. Oneida Indian Nation of New York (2005)
- Cobell v. Salazar (D.C. Cir. 2009)
- Adoptive Couple v. Baby Girl (2013)
- Sharp v. Murphy and McGirt v. Oklahoma (2020)
- Oklahoma v. Castro-Huerta (2022)
- Blood quantum laws (1705 onwards)
- Nonintercourse Act (1790,1793,1796,1799,1802,1834)
- Civilization Act (1819)
- Indian Removal Act (1830)
- Dawes Act (1887)
- Curtis Act (1898)
- Burke Act (1906)
- Indian Citizenship Act (1924)
- Indian Reorganization Act (1934)
- Oklahoma Indian Welfare Act (1936)
- Nationality Act (1940)
- Public Law 280 (1953)
- Indian Relocation Act (1956)
- Indian Civil Rights Act (1968)
- Alaska Native Claims Settlement Act (1971)
- Indian Self-Determination and Education Assistance Act (1975)
- American Indian Religious Freedom Act (1978)
- Indian Child Welfare Act (1978)
- Diminishment (1984)
- Indian Gaming Regulatory Act (1988)
- Native American Languages Act (1990)
- Native American Graves Protection and Repatriation Act (1990)
- Indian Arts and Crafts Act (1990)
State recognition
- Aboriginal title
- Bureau of Indian Affairs
- Cherokee Commission
- Dawes Rolls
- Declaration on the Rights of Indigenous Peoples
- Eagle feather law
- Hunting license
- In the Courts of the Conqueror
- Indian reservations
- Long Walk of the Navajo
- National Indian Gaming Commission
- Native American civil rights
- Native American gaming
- Native American Rights Fund
- Recognition of sacred sites
- Seminole Wars
- Survivance
- Trail of Tears
- Treaty rights
- Tribal sovereignty
- United States Congressional Joint Special Committee on Conditions of Indian Tribes