Oliphant v. Suquamish Indian Tribe

What happened

Mark David Oliphant and Daniel B. Belgarde were both non-Indian residents of the Suquamish Tribe's Port Madison Reservation in Washington. Tribal authorities arrested Oliphant during the Suquamish's annual Chief Seattle Days celebration and charged him with assaulting a tribal officer and resisting arrest. Belgarde was arrested after an alleged high-speed race on reservation highways that ended when he collided with a tribal police vehicle.

Both men asked a federal court for a writ of habeas corpus, arguing the tribal court had no criminal jurisdiction over non-Indians. The federal district court denied their petitions, and the Ninth Circuit affirmed in Oliphant's case. The Supreme Court took both cases.

On March 6, 1978, the Court reversed. Justice Rehnquist wrote that "Indian tribal courts do not have inherent criminal jurisdiction to try and to punish non-Indians," so they may not exercise it unless Congress specifically authorizes it. The Court pointed to the earliest treaties with Indian tribes and to Congress's actions during the 19th century. It also said that, "by submitting to the overriding sovereignty of the United States," tribes necessarily yield the power to try non-Indians except in a manner acceptable to Congress, a fact it said the Treaty of Point Elliott, signed by the Suquamish, seems to recognize.

Five other justices joined Rehnquist. Justice Marshall dissented, joined by Chief Justice Burger. Justice Brennan took no part.

Summarized with AI assistance from 3 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error