Menominee Tribe of Indians v. United States

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Menominee Tribe of Indians v. United States
by the Supreme Court of the United States

Menominee Tribe v. United States, 391 U.S. 404 (1968), was a case in which the Supreme Court ruled that the tribal hunting and fishing rights which were retained by treaty were not abrogated by the Menominee Termination Act without a clear and unequivocal statement to that effect by Congress. The Menominee Indian Tribe had entered into a series of treaties with the United States which did not specifically state that they had hunting and fishing rights. In 1961 Congress terminated the tribe's federal recognition, ending the tribe's right to govern itself, federal support of health care and education programs, police and fire protection, and tribal rights to land. In 1963, three members of the tribe were charged with violating Wisconsin's hunting and fishing laws on what had formerly been reservation land for over 100 years. A series of court cases brought the issue to the Supreme Court. The court held that the tribe retained its hunting and fishing rights under the treaties involved. This case has since become recognized as a landmark case in Native American case law. Excerpted from Menominee Tribe v. United States on Wikipedia, the free encyclopedia.

Court Documents

United States Supreme Court

391 U.S. 404

Menominee Tribe of Indians  v.  United States

 Argued: April 26, 1968. --- Decided: May 27, 1968

Charles A. Hobbs, Washington, D.C., for petitioner.

Louis F. Claiborne, Washington, D.C., for respondent.

Bronson C. LaFollette, Madison, Wis., for State of Wisconsin, as amicus curiae, at the invitation of the Court.

Mr. Justice DOUGLAS delivered the opinion of the Court.


This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).