| Montana v. United States | |
|---|---|
 | |
| Argued December 3, 1980 Decided March 24, 1981 | |
| Full case name | Montana, et al. v. United States, et al. |
| Citations | 450 U.S. 544 (more) 101 S. Ct. 1245; 67 L. Ed. 2d 493; 1981 U.S. LEXIS 9; 49 U.S.L.W. 4296 |
| Case history | |
| Prior | 457 F. Supp. 599 (D. Mont. 1978); reversed, 604 F.2d 1162 (9th Cir. 1979); cert. granted, 445 U.S. 960 (1980). |
| Holding | |
| Indian tribes generally do not possess the power to regulate the activities of non-Indians even if those activities occur on Indian lands. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Stewart, joined by Burger, White, Powell, Rehnquist, Stevens |
| Concurrence | Stevens |
| Dissent | Blackmun, joined by Brennan, Marshall |
| Laws applied | |
| Crow treaties, 18 U.S.C. § 1165 | |
Montana v. United States, 450 U.S. 544 (1981), was a Supreme Court case that addressed two issues: (1) Whether the title of the Big Horn Riverbed rested with the United States, in trust for the Crow Tribe or passed to the State of Montana upon becoming a state and (2) Whether Crow Tribe retained the power to regulate hunting and fishing on tribal lands owned in fee-simple by a non-tribal member.[1] First, the Court held that Montana held title to the Big Horn Riverbed because the Equal Footing Doctrine required the United States to pass title to the newly incorporated State.[2] Second, the Court held that Crow Tribe lacked the power to regulate nonmember hunting and fishing on fee-simple land owned by nonmembers, but within the bounds of its reservation. More broadly, the Court held that Tribes could not exercise regulatory authority over nonmembers on fee-simple land within the reservation unless (1) the nonmember entered a "consensual relationship" with the Tribe or its members[3] or (2) the nonmember's "conduct threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe."[4]
The Supreme Court in Montana v. United States set a precedent which resulted in a wave of litigation challenging not only the exercise of tribal court authority over non-members, but the very existence of that authority.[5]
- ^ Montana v. United States, 450 U.S. 544 (1981).
This article incorporates public domain material from this U.S government document.
- ^ Cite error: The named reference
:0was invoked but never defined (see the help page). - ^ Cite error: The named reference
:1was invoked but never defined (see the help page). - ^ Cite error: The named reference
:2was invoked but never defined (see the help page). - ^ Duthu (2008), p. 38
