Menominee Tribe v. United States facts for kids
Quick facts for kids Menominee Tribe v. United States |
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| Argued January 22, 1968 Reargued April 26, 1968 Decided May 27, 1968 |
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| Full case name | Menominee Tribe of Indians v. United States |
| Citations | 391 U.S. 404 (more)
88 S. Ct. 1705, 20 L. Ed. 697; 1968 U.S. LEXIS 1550
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| Prior history | Menominee Tribe of Indians v. United States, 388 F.2d 998 (Ct. Cl. 1967); cert. granted, 389 U.S. 811 (1967). |
| Holding | |
| Tribal hunting and fishing rights retained by treaty were not abrogated by the Menominee Termination Act without a clear and unequivocal statement to that effect by Congress | |
| Court membership | |
| Case opinions | |
| Majority | Douglas, joined by Warren, Harlan, Brennan, White, Fortas |
| Dissent | Stewart, joined by Black |
| Marshall took no part in the consideration or decision of the case. | |
| Laws applied | |
| 10 Stat. 1064 (1854), 25 U.S.C. §§ 891–902, 18 U.S.C. § 1162 | |
Menominee Tribe v. United States, 391 U.S. 404 (1968), was a very important case decided by the Supreme Court. The Court ruled that the Menominee Indian Tribe kept their traditional hunting and fishing rights. This was true even after the United States government stopped officially recognizing the tribe. This decision was a big deal for Native American rights and laws.
Contents
What Was the Menominee Tribe Case About?
The case was about whether the Menominee Tribe still had the right to hunt and fish on their traditional lands. This right was important to their way of life. The tribe had made agreements, called treaties, with the United States government a long time ago. These treaties did not specifically mention hunting and fishing rights.
The Menominee Tribe and Their Rights
The Menominee Indian Tribe had a long history with the United States. They had signed several treaties. These treaties helped define their relationship with the government. For over 100 years, the tribe had a special area of land called a reservation. On this land, they continued their traditional hunting and fishing.
What is "Termination"?
In 1961, the United States Congress passed a law called the Menominee Termination Act. This law ended the tribe's federal recognition. When a tribe has federal recognition, it means the government officially recognizes them. It also means the tribe can govern itself. They also get support for things like health care and education. Ending federal recognition meant the Menominee Tribe lost their right to govern themselves. They also lost federal support for many programs.
The Legal Battle Begins
After the termination, some members of the Menominee Tribe were charged with breaking Wisconsin's hunting and fishing laws. This happened in 1963. The charges were for hunting and fishing on land that used to be their reservation. At first, a local court said the tribe members were not guilty.
However, the state of Wisconsin disagreed. They appealed the decision. The Wisconsin Supreme Court then ruled that the Menominee Tribe no longer had hunting and fishing rights. They said these rights were lost because of the termination act.
The tribe then took their case to the US Court of Claims. This court handles cases where people sue the United States government. The US Court of Claims decided that the tribe members still had their hunting and fishing rights. They said Congress had not clearly taken these rights away.
The Supreme Court's Decision
Because the state court and the federal court had different rulings, the issue went to the Supreme Court. In 1968, the Supreme Court made its final decision. The Court said that the Menominee Tribe still had their hunting and fishing rights. These rights came from the treaties they had signed.
The Supreme Court explained that these rights were not lost when federal recognition ended. They said that Congress would need to make a very clear statement to take away such important rights. Since Congress had not made such a clear statement in the Menominee Termination Act, the rights remained. This decision was a big win for the Menominee Tribe and for Native American rights across the country.
