Cases
Alexander v. Sandoval, 532 U.S. 275 (2001)
oThis was a 2001 United States Supreme Court decision that held that private rights of action were not allowed under Title VI of the Civil Rights Act of 1964. The case involved a plaintiff, who was an Alabama woman, who sued the Alabama Department of Public Safety, claiming it was discriminatory to hold the Alabama Drivers License test in English only. The District Court agreed, and held the plaintiff did have a private right of action, as it was implied from the Civil Rights Act. The Majority Opinion of the Supreme Court, authored by Justice Scalia, found differently. The majority found there was no implied right of action, and refuted the case law put forth by the plaintiff, and that the act only prohibits intentional discrimination.
Johnson v. McIntosh, 21 U.S. 543 (1823)
oWas a landmark United States Supreme Court case, that held that private citizens could not purchase lands from Native Americans. This case also established the doctrine of Aboriginal Title in the United States, and how it ties in the Discovery Doctrine. This further held aboriginal title was inalienable. This required all Native American conveyances to be to the federal government, in order to be valid. In dicta, the Court opined that the discovery doctrine, granted the United States the right to occupancy of the lands it discovers. This had an enormous historical effect on the land rights of the Native Americans.
United States v. Sioux Nation, 448 U.S. 371 (1980)
oThis was a 1980 Supreme Court decision that the Sioux Nation of Indians had property wrongfully taken, and they required compensation, and that the Sioux Nation bringing a claim against the United States did not violate the separation of powers. The Fort Laramie Treaty of April 29, 1868 granted the Great Sioux Reservation and the area of Black Hills, SD, would be for the absolute use of the Indians. However, as White settlers began to advance westward, and the discovery of gold in the Black Hills area attracted miners, the government began to take the land back from the Sioux. The Sioux received over 100 million dollars in damages, affirmed by the Supreme Court, which was the value of the land in 1877, and the amount of gold extracted plus interest. The Sioux has refused the award, as that means they will never have a chance to get the property back.
