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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク United States v. Nice ： ウィキペディア英語版 United States v. Nice ''United States v. Nice'', is a United States Supreme Court decision which declared that Congress still retains plenary power to protect Native American interests when Native Americans are granted citizenship. United States v. Nice overruled the Heff decision which declared that Native Americans granted citizenship by the Dawes Act were also then citizens of the state in which they resided, meaning the sale of alcohol to such Native Americans was not subject to Congress’s authority.〔Smith, Michael. “The History of Indian Citizenship.” Great Plains Journal. 10.1 (Fall 1970): 33–35. Print.〕 ==Facts== In 1897, an amendment to the Indian Appropriations Act banned the sale of alcohol to Indians. Citizenship of the parties involved was never clarified. In the Supreme Court case Matter of Heff, , the decision clarified that a Native American granted citizenship through the Dawes Act is immediately a citizen of the U.S. and his state. The 1897 amendment banning alcohol was considered a police statute, where power lies with the state and not Congress, and therefore would not apply to such a citizen. Representative of South Dakota, Charles H. Burke, saw the need to correct the situation in order to protect Native Americans from the sale of liquor. He amended the Dawes Act so that citizenship was only granted to a Native with an allotment after the trust period ran out (usually 25 years 〔Canby Jr., William. American Indian Law In a Nut Shell, 4th edition. West Group, 2004. (21) Print.〕). This amendment was meant to allow Congress to continue to safeguard Indians’ personal welfare. However, those who received allotments before the amendment was signed into law on May 8, 1906 were still considered state citizens and not subject to federal authority except when concerning their land. The amendment only put the alcohol ban into effect for Natives receiving allotments after May 8, 1906. When Fred Nice was indicted for selling alcohol to a Native American who received an allotment before 1906, he was acquitted in a lower court using the Heff decision as his defense,〔 but the U.S. appealed, represented by Assistant Attorney General Warren. Warren argued that the Pelican Case, proved federal authority and overruled the Heff decision.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「United States v. Nice」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.