Logourl black
From our private database of 14,000+ case briefs...

Menominee Tribe of Indians v. United States

United States Supreme Court
391 U.S. 404 (1968)


Facts

In 1854, the Menominee Tribe (plaintiff) signed the Treaty of Wolf River (Treaty) with the United States (defendant). The Menominee Tribe lived in Wisconsin. Under the Treaty, the Menominee agreed to give up land that they had previously owned and to live only on the Wolf River reservation. Under the Treaty, the Menominee were granted the right to continue to live on this land as they always had, including the right to hunt and fish. In 1962, the State of Wisconsin began to subject the Menominee Tribe to the state’s hunting and fishing regulations, and punished tribe members who violated these regulations. The Wisconsin Supreme Court subsequently determined that the state was entitled to enforce its regulations against the Menominees because the Menominee Indian Termination Act of 1954 (Act), 25 U. S. C. §§ 891-902, had eliminated federal authority over the Menominees, including their hunting and fishing rights under federal treaties. Because they could not hunt and fish as they once had, the Menominees brought a claim in the United States Court of Claims to reimburse their tribe for the hunting and fishing rights that the tribe had lost. The Court of Claims held that the Act had not eliminated the Menominees’ hunting and fishing rights under the Treaty. The United States Supreme Court granted certiorari to determine whether the Court of Claims or the Wisconsin Supreme Court was correct.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Douglas, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

Dissent (Stewart, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion.

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 176,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.