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Menominee Tribe v. United States
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Menominee Tribe v. United States : ウィキペディア英語版
Menominee Tribe v. United States

(詳細は391 U.S. 404 (1968), is a case in which the Supreme Court ruled that the Menominee Indian Tribe kept their historical hunting and fishing rights even after the federal government ceased to recognize the tribe. It was a landmark decision in Native American case law.
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 its 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 land which had been a reservation for over 100 years. The tribe members were acquitted, but when the state appealed, the Wisconsin Supreme Court held that the Menominee tribe no longer had hunting and fishing rights due to the termination action by Congress.
The tribe sued the United States for compensation in the U.S. Court of Claims, which ruled that tribal members still had hunting and fishing rights and that Congress had not abrogated those rights. The opposite rulings by the state and federal courts brought the issue to the Supreme Court. In 1968, the Supreme Court held that the tribe retained its hunting and fishing rights under the treaties involved and the rights were not lost after federal recognition was ended by the Menominee Indian Termination Act without a clear and unequivocal statement by Congress removing those rights.
==Background==


抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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