Menominee Tribe of Indians v. United States Case Brief Summary | Law Case Explained скачать в хорошем качестве

Menominee Tribe of Indians v. United States Case Brief Summary | Law Case Explained

Get more case briefs explained with Quimbee. Quimbee has over 36,500 case briefs (and counting) keyed to 984 casebooks ► https://www.quimbee.com/case-briefs-o... Menominee Tribe of Indians v. United States | 391 U.S. 404, 88 S.Ct. 1705, 20 L.Ed.2d 697 (1968) From the 1940s to the 1960s, the United States created a set of laws known as Indian Termination Policies, which terminated reservations and subjected tribe members to state law. In Menominee Tribe of Indians versus United States, we’ll see whether a termination act also terminated a tribe’s hunting and fishing rights that were granted by a federal treaty. In 1854, the Treaty of Wolf River granted the Menominee Tribe of Indians a reservation in Wisconsin. The Menominees were given the Wolf River Reservation, quote, “for a home, to be held as Indian lands are held,” unquote. In 1954, a termination act ended federal supervision over the reservation and the members of the Menominee Tribe. As part of the Termination Act of 1954, Menominee Tribe members became subject to Wisconsin state law. However, the termination act didn’t make any mention of fishing or hunting rights for the tribe. In 1954, Congress also enacted Public Law 280. This law granted states, including Wisconsin, general jurisdiction over Indian country within state borders. But Public Law 280 didn’t deprive Indian tribes of any right given to tribes by a federal treaty, including the right to hunt or fish. In 1962, one year after the termination act went into effect, the state of Wisconsin prosecuted three Menominee Tribe members for violating Wisconsin hunting and fishing laws. The Wisconsin Supreme Court held that Wisconsin state laws applied to Menominee Tribe members because the tribe’s hunting and fishing rights were terminated by Congress in the termination act. The Menominee Tribe filed suit against the United States in the U S Court of Claims, a now-defunct federal court that heard claims against the United States. The tribe sought just compensation for the loss of its hunting and fishing rights. The court of claims held that the termination act didn’t terminate the tribe’s hunting and fishing rights. The court of claims explained that Public Law 280 prevented the act from terminating the tribe’s hunting rights that were given to the tribe by the Treaty of Wolf River. The Supreme Court granted cert to resolve the conflict between the court of claims and the Wisconsin Supreme Court. Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: https://www.quimbee.com/cases/menomin... The Quimbee App features over 36,500 case briefs keyed to 984 casebooks. Try it free for 7 days! ► https://www.quimbee.com/case-briefs-o... Have Questions about this Case? Submit your questions and get answers from a real attorney here: https://www.quimbee.com/cases/menomin... Did we just become best friends? Stay connected to Quimbee here: Subscribe to our YouTube Channel ► https://www.youtube.com/subscription_... Quimbee Case Brief App ► https://www.quimbee.com/case-briefs-o... Facebook ►   / quimbeedotcom   Twitter ►   / quimbeedotcom   #casebriefs #lawcases #casesummaries