United States v. Sioux Nation of Indians (1979)

Docket
79-639
Decided
1979-01-01

Summary

Question: (1) Was Congress' 1978 amendment a violation of separation of powers? (2) Was the reclamation of land in 1877 a taking of property requiring compensation under the Just Compensation Clause of the Fifth Amendment? Conclusion: No and yes. In an 8-1 decision, the Court held that Congress did not violate the doctrine of separation of powers and affirmed the Court of Claims decision. Writing for the majority, Justice Harry A. Blackmun noted a similar situation in Nock v. United States , where a congressional exemption from a judicial bar was ruled not to be in violation of separation of powers and upheld by the Court. Additionally, since Congress "had not made a good-faith effort to give the Sioux the full value of the Black Hills," Congress' 1877 action qualified as use of its eminent domain power under Three Tribes of Fort Berthold Reservation v. United States . Therefore, the Sioux were entitled to compensation under the Just Compensation Clause of the Fifth Amendment. Justice Byron R. White wrote an opinion concurring in part and in the judgment.

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