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Sioux Nation Case Study

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United States v. Sioux Nation of Indians, 448 U.S. 371 (1980) is a case that involves the Sioux Nation and the United States government, and it regards the United Stages Government authority to reneged a treaty and reclaimed land given to the Sioux Nation Of Indians, and if congress violated the separation of powers clause when it amended the Indian Claims commissions in 1978.

The Sioux nation was a collection of tribes united in a confederacy in the States of South Dakota, North Dakota, Nebraska, and Minnesota. In 1868 the Sioux Nation signed the Fort Laramie treaty that granted them the Sioux Nation reservation in South Dakota, including the Black Hills, but took away all of their lands positions outside of the reservation. The United …show more content…

This was believe by the Sioux nation to be a complete violation of the treaty of Laramie in 1868. In 1920 the Sioux Nation argue in the United States Court claims the Act of 1877 was unconstitutional because it violated the treaty of Laramie, and the 5th Amendment because the compensation that the Sioux nation received were unjust. The claimed was dismissed in the United Stated court of claims because the court claimed that it did not have subject matter jurisdiction under the 1920 ACT to asses if the compensation given to the Sioux Nation for the Black hills was adequate.

However, In 1946 under the Indians Claims Commission the Sioux Nation resubmitted their petition that claim that the Sioux Nation were entitle to just compensation under the Just compensation clause of the 5th amendment. The Indian Claims Commission found that the Nation was not barred from submitting claim under res judicata and were entitle to de novo trial. The Indian Claims Commission decided that the Sioux Nation were entitle to 17 million dollars of just

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