Rosebud Sioux Tribe v. Kneip

What happened

The Rosebud Sioux Reservation in South Dakota was defined by the Act of March 2, 1889. The 1868 treaty that established the reservation required the consent of three fourths of the tribe's adult male members for land cessions.

In 1901 the tribe and the United States reached an agreement for an outright, fixed-sum payment that would have diminished the reservation. Three fourths of the adult male members approved it, but Congress never ratified it. Instead, Congress passed three acts, in 1904, 1907 and 1910. They required the Indians to cede land in certain South Dakota counties to the government for sale to settlers under the homestead and townsite laws. The proceeds were credited to the Indians only as the land sold, or, for some parcels, the land was transferred to South Dakota for school use.

In June 1972 the Rosebud Sioux Tribe sued for a declaration that its reservation boundaries had not been diminished. The district court and the Eighth Circuit ruled against the tribe. On April 4, 1977, the Supreme Court affirmed. Justice Rehnquist wrote that the language and legislative history of the acts showed "clearly" a congressional intent to diminish the reservation.

The Court said it did not directly matter that the acts were unilateral and lacked the consent the treaty required, and that the change in the method of payment was not conclusive. Justice Marshall dissented, joined by Justices Brennan and Stewart.

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