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Oneida County Vs. Oneida Ind. Nation
Cites for this judgment
- US Supreme Court
- Mar 04, 1985
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Oneida County v. OneidaSearch
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Ind. Nation - 470 U.S. 226 (1985) U.S. Supreme Court Oneida County v. OneidaSearch
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Ind. Nation, 470 U.S. 226 (1985) County of Oneida, New York v. OneidaSearch
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a) The possessory rights claimed by respondents are federal rights to the lands at issue. Oneida Indian Nation v. CountySearch
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there is no indication in the legislative history that Congress intended to preempt common law remedies. Milwaukee v. IllinoisSearch
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laws of the United States. The United States Court of Appeals for the Second Circuit affirmed. Oneida Indian Nation v. CountySearch
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of Oneida, 464 F.2d 916 (1972). We then granted certiorari and reversed. Oneida Indian Nation v. CountySearch
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became the exclusive province of federal law. Oneida I, supra, at 414 U. S. 670 (citing Worcester v. GeorgiaSearch
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of the Indians to the exclusive possession of their lands, Cherokee Nation v. GeorgiaSearch
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Mitchel v. UnitedSearch
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Pet. 711, 34 U. S. 746 (1835). This principle has been reaffirmed consistently. See also Fletcher v. PeckSearch
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Johnson v. McIntoshSearch
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Clark v. SmithSearch
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Lattimer v. PoteetSearch
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In Johnson v. McIntoshSearch
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private purchases of Indian land that occurred in 1773 and 1775 without the Crown's consent. Subsequently, in Marsh v. BrooksSearch
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on an Indian right to occupancy and use, is not open to question. This is the result of the decision in Johnson v. McIntoshSearch
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against trespassers on their land. United States v. SantaSearch
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assumed that the Oneidas could bring a common law action to vindicate their aboriginal rights. Citing United States v. SantaSearch
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Id. at 414 U. S. 674 (citing United States v. FornessSearch
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F.2d 928 (CA2), cert. denied sub nom. City of Salamanca v. UnitedSearch
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Acts preempted whatever right of action the Oneidas may have had at common law, relying on our decisions in Milwaukee v. IllinoisSearch
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U. S. 304 (1981) ( Milwaukee II ), and Middlesex County Sewerage Authority v. NationalSearch
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rights. Decisions of this Court also contradict petitioners' argument for preemption. Most recently, in Wilson v. OmahaSearch
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Id. at 442 U. S. 664 . See also Fellows v. BlacksmithSearch
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See Page 470 U. S. 241 Johnson v. RailwaySearch
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Express Agency, Inc., 421 U. S. 454 , 421 U. S. 465 (1975). See also Occidental Life Ins. Co. v. EEOCSearch
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Thus, it is well established that treaties should be construed liberally in favor of the Indians, Choctaw Nation v. UnitedSearch
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U. S. 665 , 224 U. S. 675 (1912), with ambiguous provisions interpreted to their benefit, McClanahan v. ArizonaSearch
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Winters v. UnitedSearch
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Washington v. WashingtonSearch
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this Court accordingly has refused to find that Congress has abrogated Indian treaty rights. Menominee Tribe v. UnitedSearch
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United States v. SantaSearch
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id. at 354 U. S. 345 (citing Cramer v. UnitedSearch
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involving such matters necessarily entails nonjusticiable political questions. Delaware Tribal Business Committee v. WeeksSearch
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U. S. 73 , 430 U. S. 83 -84 (1977). Accord, United States v. SiouxSearch
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Nation, 448 U. S. 371 , 448 U. S. 413 (1980). See also Baker v. CarrSearch
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these cases. The counties cite no cases in which analogous decisions provided the basis for nonjusticiability. Cf. INS v. ChadhaSearch
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arises most of the time, if not always, in the area of foreign affairs. Baker v. CarrSearch
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Gilligan v. MorganSearch
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