Skip to content
Back to judgment

Citation network

Montana Vs. United States

Cites for this judgment

  • US Supreme Court
  • Mar 24, 1981

Citation network · 7-day free trial

Brief every cited case in minutes

Open an 18-section AI Brief on any citation below, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial - no card required.

  • 18-section brief - facts, issues, ratio, relief
  • Ask this case - answers cite the judgment
  • Semantic search - find precedents by meaning
  • Research drawer - sections, cites, related cases

No card required · credentials emailed · Log in if you already have an account

67 entries 7 linked 60 unlinked
Show
  1. Shively Vs. Bowlby US Supreme Court · Mar 05, 1894
  2. MartIn Vs. Waddell US Supreme Court · Jan 01, 1842
  3. Packer Vs. Bird US Supreme Court · Jan 01, 1891
  4. United States Vs. Kagama US Supreme Court · May 10, 1886
  5. Morris Vs. Hitchcock US Supreme Court · May 16, 1904
  6. Mescalero Apache Tribe Vs. Jones US Supreme Court · Mar 27, 1973
  7. Fletcher Vs. Peck US Supreme Court · Jan 01, 1810
  8. Montana v. United
    Search
  9. States - 450 U.S. 544 (1981) U.S. Supreme Court Montana v. United
    Search
  10. States, 450 U.S. 544 (1981) Montana v. United
    Search
  11. is not strong enough to overcome the presumption against the sovereign's conveyance of the riverbed. Cf. United States v. Holt
    Search
  12. and cannot apply to subsequently alienated lands held in fee by non-Indians. Cf. Puyallup Tribe v. Washington
    Search
  13. attributes of sovereignty, particularly as to the relations between a tribe and nonmembers of the tribe. United States v. Wheeler
    Search
  14. not intend to divest itself of its sovereign rights in navigable waters and reasoned that here, as in United States v. Holt
    Search
  15. Court of Appeals reversed the judgment of the District Court. 604 F. 2d 1162. Relying on its opinion in United States v. Finch
    Search
  16. the riverbed as public land which then passed to the State of Montana upon its admission to the Union. Choctaw Nation v. Oklahoma
    Search
  17. conveyance by the United States of land riparian to a navigable river carries no interest in the riverbed. Packer v. Bird
    Search
  18. Railroad Co. v. Schurmeir
    Search
  19. Rather, the ownership of land under navigable waters is an incident of sovereignty. Martin v. Waddell
    Search
  20. with the established States. Pollard's Lessee v. Hagan
    Search
  21. power of the United States to ensure that such waters remain free to interstate and foreign commerce. United States v. Oregon
    Search
  22. property underlying navigable waters is so strongly identified with the sovereign power of government, United States v. Oregon
    Search
  23. United States v. Holt
    Search
  24. State Bank, 270 U.S. at 270 U. S. 55 . See also Shively v. Bowlby
    Search
  25. water must, therefore, begin with a strong presumption against conveyance by the United States, United States v. Oregon
    Search
  26. In United States v. Holt
    Search
  27. of the Indians, Treaty of Feb. 22, 1855, 10 Stat. 1165. See Minnesota v. Hitchcock
    Search
  28. against the sovereign's conveyance of the riverbed. The treaty in no way expressly referred to the riverbed, Packer v. Bird
    Search
  29. as granting to the Indians all the lands, including the riverbed, within the described boundaries. United States v. Finch
    Search
  30. within the meaning of Shively v. Bowlby
    Search
  31. S. at 152 U. S. 48 , justifying a congressional conveyance of a riverbed, see, e.g., Alaska Pacific Fisheries v. United
    Search
  32. to depart from its policy of reserving ownership of beds under navigable waters for the future States. See Shively v. Bowlby
    Search
  33. on buffalo, and fishing was not important to their diet or way of life. 1 App. 74. Cf. Alaska Pacific Fisheries v. United
    Search
  34. Skokomish Indian Tribe v. France
    Search
  35. As noted earlier, the treaty did not even create a reservation, although it did designate tribal lands. See Crow Tribe v. United
    Search
  36. Page 450 U. S. 560 In Puyallup Tribe v. Washington
    Search
  37. to non-Indian lands. This Court most recently reviewed the principles of inherent sovereignty in United States v. Wheeler
    Search
  38. dependent status of the tribes, and so cannot survive without express congressional delegation. Mescalero Apache Tribe v. Jones
    Search
  39. Williams v. Lee
    Search
  40. McClanahan v. Arizona
    Search
  41. the Crow Tribe to adopt Resolution No. 74-05. The Court recently applied these general principles in Oliphant v. Suquamish
    Search
  42. with their diminished status as sovereigns, the Court quoted Justice Johnson's words in his concurrence in Fletcher v. Peck
    Search
  43. with the tribe or its members, through commercial dealing, contracts, leases, or other arrangements. Williams v. Lee
    Search
  44. Buste v. Wright
    Search
  45. Washington v. Confederated
    Search
  46. direct effect on the political integrity, the economic security, or the health or welfare of the tribe. See Fisher v. District
    Search
  47. Montana Catholic Missions v. Missoula
    Search
  48. U.S. Supreme Court Montana v. United
    Search
  49. Cf. United States v. Holt
    Search
  50. Cf. Puyallup Tribe v. Washington
    Search

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial