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In the case of Babe Beard v. United States in 1894, the U.S Supreme Court ruled on a matter concerning land ownership and inheritance rights. The plaintiff, Babe Beard, was an enrolled member of the Choctaw tribe who had been allotted a parcel of land under an agreement between his tribe and the federal government. Upon his death, this property was inherited by his widow and children who were not members of any Native American tribes. However, they were later dispossessed based on laws that restricted such lands to be owned only by tribal members or their descendants. The family appealed against this decision arguing that as legal heirs they should retain possession regardless of their non-tribal status. The Supreme Court disagreed with them stating that while it recognized individual property rights within tribal territories for those directly involved in agreements (like Mr.Beard), these did not extend to non-tribal heirs unless specifically stated so in said agreements. This ruling reinforced existing policies aimed at maintaining control over native lands within federally recognized tribes thereby limiting external encroachment but also highlighted potential issues regarding intermarriage and inheritance among Native Americans and others.
In the dissenting opinion for Babe Beard v. United States, it was argued that the majority's interpretation of the law was too broad and could potentially infringe upon individual rights. The dissenting justices believed that while Congress has a responsibility to regulate commerce among states, this power should not extend to activities within a state unless they directly affect interstate commerce. They contended that in this case, there wasn't enough evidence presented to prove that Babe Beard's actions had such an effect on interstate trade or business transactions as required by law for federal jurisdiction. Therefore, they felt his conviction should be overturned because it fell outside of federal authority and instead belonged under state jurisdiction.