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South Dakota Vs. Bourland
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- US Supreme Court
- Jun 14, 1993
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U.S. 679 (1993) October Term, 1992 Syllabus South Dakota V. BourlandSearch
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the Tribe of its treaty right to do so. As for the 18,000 acres of former fee lands, the court held that Montana v. UnitedSearch
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States, 450 U. S. 544 , and Brendale v. ConfederatedSearch
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Cheyenne River and Flood Control Acts, took the lands and opened them for the use of the general public. See Montana v. UnitedSearch
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Brendale v. ConfederatedSearch
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certain rights in the taken area does not operate as an implicit reservation of all former rights. See United States v. DionSearch
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hydroelectric and flood control dams on the Missouri River in both North and South Dakota. See Lower Brule Sioux Tribe v. SouthSearch
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Id., at 103. Nevertheless, relying on Montana v. UnitedSearch
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Tribe of its treaty right to do so. As to the 18,000 acres of former fee lands, however, the court found that Montana v. UnitedSearch
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States and Brendale v. ConfederatedSearch
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U. S. 676 , 684 (1990) (emphasis added). See also Oliphant v. SuquamishSearch
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and now reverse. II Congress has the power to abrogate Indians' treaty rights, see, e. g., Rosebud Sioux Tribe v. KneipSearch
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though we usually insist that Congress clearly express its intent to do so. See Menominee Tribe v. UnitedSearch
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U. S. 734 , 738 (1986). See also County of Yakima v. ConfederatedSearch
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Montana v. UnitedSearch
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regulate the use of the lands by nonIndians. See 450 U. S., at 559. Similarly, six Members of this Court, in Brendale v. ConfederatedSearch
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Regulatory authority goes hand in hand with the power to exclude. See Brendale v. ConfederatedSearch
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of fee title in Montana, however, in that the terms of the l3The dissent argues that our reliance on Montana v. UnitedSearch
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in the taken area does not operate as an implicit reservation of all former rights. Our decision in United States v. DionSearch
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members who violate tribal law, to regulate tribal membership, and to conduct internal tribal relations, United States v. WheelerSearch
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U. S., at 323 (emphasis added), quoting United States v. MazurieSearch
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Washington v. ConfederatedSearch
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upon the Tribe the authority to control hunting and fishing on those lands.''' Ante, at 688, quoting Montana v. UnitedSearch
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and fishing. In rejecting the Tribe's inherent sovereignty argument, the majority relies on the suggestion in Montana v. UnitedSearch
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contrary to 150 years of Indian-law jurisprudence and is not supported by the cases on which it relied. See Brendale v. ConfederatedSearch
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in judgment and dissenting). There is no need to repeat that explanation here. 700 County of Oneida v. OneidaSearch
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the Tribe the right to regulate non-Indian hunting and fishing. Despite its citation of Dion, supra, Menominee Tribe v. UnitedSearch
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States, 391 U. S. 404 (1968), and County of Yakima v. ConfederatedSearch
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words to learned lawyers, but in the sense in which they would naturally be understood by the Indians.''' Washington v. WashingtonSearch
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State Commercial Passenger Fishing Vessel Assn., 443 U. S. 658 , 676 (1979), quoting Jones v. MeehanSearch
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Id., at 560, n. 9. See also Brendale v. ConfederatedSearch
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County of Yakima, 502 U. S., at 269, quoting Montana v. BlackfeetSearch
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s authority survives and not the reverse.3 3 The majority's assertion that this Court's decision in United States v. DionSearch
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prints of the United States Reports. 706 MAY 3,1993 Certiorari Denied No. 92-8491 (A-821). JOHNSON V. SINGLETARYSearch
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So. 2d 575. MAY 4,1993 Miscellaneous Order No. A-834. STEWART V. TEXASSearch
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would grant the application for stay of execution. MAY 8,1993 Certiorari Denied No. 92-8637 (A-842). JOHNSON V. SINGLETARYSearch
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took no part in the consideration or decision of this application and this petition. No. 92-8638 (A-843). JOHNSON V. SINGLETARYSearch
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Syllabus South Dakota V. BourlandSearch
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and Brendale v. ConfederatedSearch
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See Montana v. UnitedSearch
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See United States v. DionSearch
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North and South Dakota. See Lower Brule Sioux Tribe v. SouthSearch
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Oliphant v. SuquamishSearch
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See Menominee Tribe v. UnitedSearch
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County of Yakima v. ConfederatedSearch
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See Brendale v. ConfederatedSearch
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