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Essay / Research Paper Abstract
This 3 page paper provides a brief of this important Supreme Court case that focuses on land promised to the Indians and how the U.S. government reneged on a treaty. Bibliography lists 1 sources.
Page Count:
3 pages (~225 words per page)
File: RT13_SA527lb.rtf
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Unformatted sample text from the term paper:
No. 79-639 is attributable to the fact that a "special jurisdictional statute ...provided for de novo review of the merits of a decision of the Indian Claims Commission" ("United
States," 2005). Hence this case makes an unusually hasty appearance in the Supreme Court of the United States. FACTS OF THE CASE In this particular case, there had
been an original treaty promising a certain allotment of land to the Indians, but eventually, the U.S. government would disregard that set aside. Since 1946, according to the information found
in the case itself, treaties have been able to go through litigation, but nothing prior to that had occurred. In other words, before 1946, there was no similar case litigated
in a United States courtroom. The case concerning United States v. Sioux Nation of Indians states that "the 1877 Act did not effect a mere change in the form of
investment of Indian tribal property " ("United States," 2005). Instead, the Act would construe a taking of the property that had been set aside for the Sioux as a result
of the Fort Laramie Treaty of 1868. Thus, the government should compensate the Sioux Nation for the breach and the Sioux should be awarded the equivalent of funds equal
to the obligation from 1877 through the present plus interest. That is exactly what the Court did. In relaying the information, the case contains a great deal of detail in
terms of exactly what occurred throughout the years when the U.S. government took advantage of Native Americans. ISSUES --Is the U.S. government responsible for seizing property based on a
treaty that was entered into years ago? --Can treaties between the U.S. government and Indian nations be litigated in the U.S. court system? It should be noted that the court
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