5. U.S. v. Sioux Case PDF

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U.S. v. Sioux Case...

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United States Supreme Court UNITED STATES v. SIOUX NATION OF INDIANS(1980) No. 79-639

1. United States v. Sioux Nation of Indians, 448 U.S. 371 (1980) 2. In 1874, the United States finds un-mined gold in the Black Hills, a land that is owned by the Sioux Nation. The US manages to claim that land as their own, reasoning that the tribe is not making use of it, as well not being able to protect their own land. This case highlights what the Sioux Nation did to try and retain their land back, and what they got out of it. 3. The court is being asked to evaluate the rights of the Sioux Nation when the US had refused to give compensation for the taking of private land and using it for public goods. 4. The fifth amendment, "private property be taken for public use, without just compensation." 5. The court accepted the Sioux Nation's claims against the government, because it pointed out how the 1868 Fort Laramie Treaty was violated when the US created the 1877 Act to take the Black Hills. 6. The US government had claimed that their taking of the Black Hills was justified. They said the Sioux Nation was treated honorably, and that if anything, the Sioux Nation had already received compensation through clothes and other resources sent in rations following the 1877 Act. The Supreme Court rejected all of the US' claims, saying the government in no way fairly forced the Sioux Nation off the Black Hills, nor offered nearly enough rations as compensation for violating the fifth amendment. 7. This case affects cultural diversity in the United States by addressing the extent to which the US will manipulate their laws in order to get what they want against a minority. The Sioux Nation was a tribe that obviously had the right to own the Black Hills, and even had the Fort Laramie Treaty of 1868 to prove it, but the US overlooks this and claims the Black Hills as their own, going as far as violating their own constitution. The Court of Claims awarded millions of dollars to the Sioux Nation, but to this day, the tribe refuses to take it, saying that the Black Hills are not for sale. This is their way of saying that the US government that betrayed them and lost their respects, so in no way will any form of compensation pay back for the unfair treatment they received....