New Mexico v. Mescalero Apache Tribe facts for kids
Quick facts for kids New Mexico v. Mescalero Apache Tribe |
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| Argued April 19, 1983 Decided June 13, 1983 |
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| Full case name | New Mexico, et al. v. Mescalero Apache Tribe |
| Citations | 462 U.S. 324 (more)
103 S. Ct. 2378; 76 L. Ed. 2d 611; 1983 U.S. LEXIS 57
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| Prior history | Mescalero Apache Tribe v. State of New Mexico, 630 F.2d 724 (10th Cir. 1980) |
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| The application of New Mexico's laws to on-reservation hunting and fishing by nonmembers of the Tribe is preempted by the operation of federal law. | |
| Court membership | |
| Case opinions | |
| Majority | Marshall, joined by unanimous |
New Mexico v. Mescalero Apache Tribe, 462 U.S. 324 (1983), was an important case decided by the Supreme Court of the United States. The Court ruled that the state of New Mexico could not enforce its hunting and fishing laws on the Mescalero Apache Tribe's land. This was because federal laws and tribal rules already covered these activities. The Court decided that federal law "preempted" (or took priority over) state law in this situation.
Contents
Understanding the Mescalero Apache Tribe's Land and Rules
The Mescalero Apache Tribe is a Native American tribe. Their special land, called a reservation, is located in the Rocky Mountains of south-central New Mexico. This reservation was set up by official government orders, with the most recent one in 1883. The tribe governs itself under a law called the Indian Reorganization Act. This law allows them to manage their own affairs, but the Secretary of the Interior must approve their plans.
How the Tribe Manages Resources
The tribe's main source of money, selling lumber, was decreasing. So, they looked for new ways to earn income. They developed a casino resort, a ski resort, and also focused on their fish and game resources. These projects helped the tribal government provide services for its members.
For hunting and fishing, the tribe worked closely with the United States Fish and Wildlife Service. Together, they created eight lakes and stocked them with fish. The federal government even ran a fish hatchery on the reservation. The state of New Mexico was not involved in these efforts. The federal government also provided 142 elk, and the tribe's game program helped the herd grow to 1,200. The state was not involved in managing other animals on the reservation either.
Each year, the tribe and the federal government work together to create hunting and fishing rules. These rules are then approved by the Interior Secretary.
The Conflict: State vs. Tribal Laws
The problem started because New Mexico also has its own hunting and fishing rules. These state rules often clashed with the tribe's rules. For example, hunting seasons and how many animals hunters could take were different. Also, the tribe did not require a state license to hunt on tribal lands, even for people who were not tribal members.
In 1977, the New Mexico Department of Game and Fish began to enforce state laws. They arrested non-Indian hunters for having game taken from the reservation. These hunters had followed tribal laws, but not state laws.
The Court Cases: From Local to Supreme Court
The Mescalero Apache Tribe decided to take legal action. They sued the State of New Mexico in a federal court to stop the state from enforcing its hunting and fishing rules on their reservation.
Decisions by Lower Courts
The first court, the United States District Court for the District of New Mexico, sided with the tribe. It issued an order preventing the state from enforcing its rules. New Mexico then appealed this decision to a higher court, the United States Court of Appeals for the Tenth Circuit. This court agreed with the first court, which was a win for the tribe.
The state then appealed to the Supreme Court. The Supreme Court sent the case back to the Tenth Circuit court. They asked the court to look at it again, considering a different Supreme Court case called Montana v. United States. Even after reviewing it, the Tenth Circuit court again supported the tribe's position.
New Mexico appealed to the Supreme Court one more time. This time, the Supreme Court agreed to hear the case.
The Supreme Court's Decision
Justice Marshall wrote the official opinion for the Supreme Court. All nine justices agreed with the decision, making it a unanimous (everyone agreed) ruling.
Justice Marshall explained that this case was different from the Montana case. In Montana, the issue was about hunting on land within a reservation that was not actually owned by the tribe. But in the Mescalero Apache case, the hunting and fishing happened on land clearly belonging to the tribe.
Marshall then talked about tribal sovereignty. This is the idea that Native American tribes have the right to govern themselves. He noted that while states can sometimes make rules for non-Indians on a reservation, they can only do so if federal law does not already cover the issue. This is called "federal preemption," meaning federal law takes priority.
New Mexico agreed that the tribe could make rules for hunting and fishing on their land for both tribal members and non-members. However, the state claimed it should also have "concurrent jurisdiction." This means the state wanted to have its own rules apply at the same time.
Justice Marshall disagreed with the state. He pointed out that a federal law, Public Law 280, specifically gives tribes the power to regulate hunting and fishing on their lands. This law even makes it a federal crime to hunt or fish on a reservation without the tribe's permission. Marshall said that if the state had concurrent jurisdiction, it could "effectively nullify" (cancel out) the tribe's authority.
Because the federal government was so involved with the tribe in setting up and approving their hunting and fishing rules, Justice Marshall ruled that federal law took priority over state law. This meant the state of New Mexico could not enforce its hunting and fishing regulations on the Mescalero Apache reservation. The Supreme Court upheld the decision of the lower court, which was a victory for the Mescalero Apache Tribe.
