Carcieri V. Salazar
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Carcieri V. Salazar
''Carcieri v. Salazar'', 555 U.S. 379 (2009), was a case in which the Supreme Court of the United States held that the federal government could not take land into trust that was acquired by the Narragansett Tribe in the late 20th century, as it was not federally recognized until 1983. While well documented in historic records and surviving as a community, the tribe was largely dispossessed of its lands while under guardianship by the state of Rhode Island before suing in the 20th century. The Court ruled that the phrase of tribes "now under Federal jurisdiction" in the Indian Reorganization Act of 1934 referred only to those tribes that were federally recognized when the act was passed.Wheeler-Howard Act of 1934, 48 Stat. 988 It ruled that the federal government could not take land into trust for the Narragansett or other tribes that were federally recognized and acquired land after 1934.''Donald L. Carcieri, et al. v. Ken L. Salazar, et al.'', Background Historical tribal rela ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Stephen Breyer
Stephen Gerald Breyer ( ; born August 15, 1938) is a retired American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and replaced retiring justice Harry Blackmun. Ketanji Brown Jackson, who was nominated by President Joe Biden, was his designated successor. Breyer was generally associated with the liberal wing of the Court. He is now the Byrne Professor of Administrative Law and Process at Harvard Law School. Born in San Francisco, Breyer attended Stanford University, the University of Oxford as a Marshall Scholar, and graduated from Harvard Law School in 1964. After a clerkship with Associate Justice Arthur Goldberg in 1964–65, Breyer was a law professor and lecturer at Harvard Law School from 1967 until 1980. He specialized in administrative law, writing textbooks that remain in use today. He held other prominent positions before being nominated to the ...
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Match-E-Be-Nash-She-Wish Band Of Pottawatomi Indians V
Match-E-Be-Nash-She-Wish (also spelled with various transliterations as Mashipinashiwish, Me-chee-pee-nai-she-insh, Mash-i-pi-wish , Mitch-e-pe-nain-she-wish, or Mat-che-pee-na-che-wish) was a hereditary chief of a Potawatomi Indian group in what is now Michigan. The Potawatomi are one of the peoples of the Council of Three Fires; the others are the Odawa and the Ojibwe, all Algonquian-language speakers. Life Post-American Revolution activities Listed by the United States by English name of Bad Bird and as a Chippewa (Ojibwe), the chief made his sign on the Treaty of Greenville, in 1795, which ended the Northwest Indian War after the defeat of the Western Confederacy. (The Chippewa were closely allied with the Potawatomi and Ottawa in the Council of Three Fires). This treaty was signed by chiefs of those three tribes and others that had been part of the Western Confederacy. The bands ceded considerable territory in present-day Ohio, Indiana and Illinois, allowing settlement by ...
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Mashpee Wampanoag Tribe
The Mashpee Wampanoag Tribe (formerly Mashpee Wampanoag Indian Tribal Council, Inc.) is one of two federally recognized tribes of Wampanoag people in Massachusetts. Recognized in 2007, they are headquartered in Mashpee, Massachusetts, Mashpee on Cape Cod. The other Wampanoag tribe is the Wampanoag Tribe of Gay Head (Aquinnah) on Martha's Vineyard. The tribe has its own health services, police force, Judiciary, court system, and education departments. In 2019, the Mashpee Wampanoag Tribe consisted of more than 2,900 enrolled members. In 2015 their 170 acres in Mashpee and an additional 150 acres in Taunton, Massachusetts were taken into trust on their behalf by the US Department of Interior, establishing these parcels as reservation land. History Indigenous peoples have been living on Cape Cod for at least 12,000 years. The historic Algonquian languages, Algonquian-speaking Wampanoag are one of 69 tribes of the original Wampanoag Nation; they are the Native people encountered by ...
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Taunton, Massachusetts
Taunton is a city in Bristol County, Massachusetts, Bristol County, Massachusetts, United States. It is the county seat, seat of Bristol County. Taunton is situated on the Taunton River which winds its way through the city on its way to Mount Hope Bay, to the south. At the 2020 United States Census, 2020 census, the city had a population of 59,408. Shaunna O'Connell is the List of mayors of Taunton, Massachusetts, mayor of Taunton. Founded in 1637 by members of the Plymouth Colony, Taunton is one of the oldest towns in the United States. The Native Americans called the region ''Cohannet'', ''Tetiquet'' and ''Titicut'' before the arrival of the Europeans. Taunton is also known as the "Silver City", as it was a historic center of the silver industry beginning in the 19th century when companies such as Reed & Barton, F. B. Rogers Silver Co., F. B. Rogers, Poole Silver, and others produced fine-quality silver goods in the city. Since December 1914, the city of Taunton has provide ...
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Match-E-Be-Nash-She-Wish Band
The Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan is a federally recognized tribe of Potawatomi people in Michigan named for a 19th-century Ojibwe chief. They were formerly known as the Gun Lake Band of Grand River Ottawa Indians, the United Nation of Chippewa, Ottawa and Pottawatomi Indians of Michigan, Inc.,Petition for Federal Acknowledgment of Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan
William L. Church, May 16, 1994.
and the Gun Lake Tribe or Gun Lake Band."Tribal Council"
''Match-e-be-nash-she-wish Band of Pottawatomi.'' (retrieved 18 Dec 200 ...
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United States Department Of The Interior
The United States Department of the Interior (DOI) is one of the executive departments of the U.S. federal government headquartered at the Main Interior Building, located at 1849 C Street NW in Washington, D.C. It is responsible for the management and conservation of most federal lands and natural resources, and the administration of programs relating to Native Americans, Alaska Natives, Native Hawaiians, territorial affairs, and insular areas of the United States, as well as programs related to historic preservation. About 75% of federal public land is managed by the department, with most of the remainder managed by the Department of Agriculture's Forest Service. The department was created on March 3, 1849. The department is headed by the secretary of the interior, who reports directly to the president of the United States and is a member of the president's Cabinet. The current secretary is Deb Haaland. Despite its name, the Department of the Interior has a different ro ...
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Gun Lake Trust Land Reaffirmation Act (S
The Gun Lake Trust Land Reaffirmation Act () is an act of Congress that reaffirmed the status of lands taken into trust by the Department of the Interior (DOI) for the benefit of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians in the state of Michigan. The bill was introduced and passed during the 113th United States Congress and became federal law on September 26, 2014 when signed by President Barack Obama. In 2018, the Supreme Court of the United States affirmed the law's constitutionality in '' Patchak v. Zinke''. Background In 2009, the Supreme Court held in ''Carcieri v. Salazar'' that the term "now under Federal jurisdiction" referred only to tribes that were federally recognized when the Indian Reorganization ActWheeler-Howard Act of 1934, 48 Stat. 988 became law, and the federal government could not take land into trust from tribes that were recognized after 1934.''Donald L. Carcieri, et al. v. Ken L. Salazar, et al.'', This act clarified that the Match-E-Be-Nas ...
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United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powers of the Senate are established by Article One of the United States Constitution. The Senate is composed of senators, each of whom represents a single state in its entirety. Each of the 50 states is equally represented by two senators who serve staggered terms of six years, for a total of 100 senators. The vice president of the United States serves as presiding officer and president of the Senate by virtue of that office, despite not being a senator, and has a vote only if the Senate is equally divided. In the vice president's absence, the president pro tempore, who is traditionally the senior member of the party holding a majority of seats, presides over the Senate. As the upper chamber of Congress, the Senate has several powers o ...
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Tribal Sovereignty
Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States. Originally, the U.S. federal government recognized American Indian tribes as independent nations, and came to policy agreements with them via treaties. As the U.S. accelerated its westward expansion, internal political pressure grew for "Indian removal", but the pace of treaty-making grew nevertheless. The Civil War forged the U.S. into a more centralized and nationalistic country, fueling a "full bore assault on tribal culture and institutions", and pressure for Native Americans to assimilate. In the Indian Appropriations Act of 1871, Congress prohibited any future treaties. This move was steadfastly opposed by Native Americans. Currently, the U.S. recognizes tribal nations as "domestic dependent nations" and uses its own legal system to define the relationship between the federal, state, and tribal governm ...
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Native American Gaming
Native American gaming comprises casinos, bingo halls, and other gambling operations on Indian reservations or other tribal lands in the United States. Because these areas have tribal sovereignty, states have limited ability to forbid gambling there, as codified by the Indian Gaming Regulatory Act of 1988. As of 2011, there were 460 gambling operations run by 240 tribes, with a total annual revenue of $27 billion. History In the early 1970s, Russell and Helen Bryan, a married Chippewa couple living in a mobile home on Indian lands in northern Minnesota, received a property tax bill from the local county, Itasca County.Kevin K. Washburn"The Legacy of Bryan v. Itasca County: How an Erroneous $147 County Tax Notice Helped Bring Tribes $200 Billion in Indian Gaming Revenue"92 Minnesota Law Review 919 (2008). The Bryans had never received a property tax bill from the county before. Unwilling to pay it, they took the tax notice to local legal aid attorneys at Leech Lake Legal Ser ...
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American Bar Association
The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of academic standards for law schools, and the formulation of model ethical codes related to the legal profession. As of fiscal year 2017, the ABA had 194,000 dues-paying members, constituting approximately 14.4% of American attorneys. In 1979, half of all lawyers in the U.S. were members of the ABA. The organization's national headquarters are in Chicago, Illinois, and it also maintains a significant branch office in Washington, D.C. History The ABA was founded on August 21, 1878, in Saratoga Springs, New York, by 75 lawyers from 20 states and the District of Columbia. According to the ABA website: The purpose of the original organization, as set forth in its first constitution, was "the advancement of the science of jurisprudence, the pro ...
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