Native Americans - Discerning Congressional Intent to Abrogate Indian Treaty Rights: By Express Reference Or Surrounding Circumstances - United States v. Dion
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Authors
Hovey, Susan L
Issue Date
1986
Volume
19
Issue
4
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
"FIRST PARAGRAPH(S)| INTRODUCTION How Congress may abrogate or modify treaties negotiated between the United States and American Indian tribes remains unsettled in the federal circuit courts. The issue is whether congressional intent to abrogate a treaty right must be expressly stated in a subsequent federal act or in its legislative history or whether congressional intent to abrogate may be inferred from the circumstances surrounding the act. The United States Supreme Court has not definitively provided an answer, and the Eighth and Ninth Circuits have adopted separate tests which have resulted in inconsistent interpretations of federal conservation legislation."
Description
Citation
19 Creighton L. Rev. 1041 (1985-1986)
Publisher
Creighton University School of Law