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United States v. Kagama, 118 U.S. 375 (1886)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Kagama, 118 U.S. 375 (1886)
United States v. Kagama Argued March 2, 1886 Decided May 10, 1886 118 U.S. 375
CERTIFICATE OF DIVISION IN OPINION FROM THE CIRCUIT COURT OF
THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA
Syllabus
The ninth section of the Indian Appropriation Act of March 3, 1885, 23 Stat. 385, is valid and constitutional in both its branches -- namely, that which gives jurisdiction to the courts of the Territories of the crimes named (murder, manslaughter, rape, assault with intent to kill, arson, burglary, and larceny), committed by Indians within the Territories, and that which gives jurisdiction in like cases to courts of the United States for the same crimes committed on an Indian reservation within a State of the Union.
While the Government of the United States has recognized in the Indian tribes heretofore a state of semi-independence and pupilage, it has the right and authority, instead of controlling them by treaties, to govern them by acts of Congress, they being within the geographical limit of the United States and being necessarily subject to the laws which Congress may enact for their protection and for the protection of the people with whom they come in contact.
The States have no such power over them as long as they maintain their tribal relations.
The Indians owe no allegiance to a State within which their reservation may be established, and the State gives them no protection.
The case is stated in the opinion of the Court.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Kagama, 118 U.S. 375 (1886) in 118 U.S. 375 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=KK4DD3NKMDEJSRV.
MLA: U.S. Supreme Court. "Syllabus." United States v. Kagama, 118 U.S. 375 (1886), in 118 U.S. 375, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=KK4DD3NKMDEJSRV.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Kagama, 118 U.S. 375 (1886). cited in 1886, 118 U.S. 375. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=KK4DD3NKMDEJSRV.
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