The Menominee Tribe of Indians v. United States case in 1967 revolved around the termination policy that aimed to assimilate Native American tribes into mainstream American society, thereby ending their special relationship with the federal government. The Menominee tribe argued that this policy led to the loss of their hunting and fishing rights, which they had retained for centuries under treaties with the U.S. government. The Supreme Court ruled in favor of the tribe, stating that unless Congress explicitly terminates these rights, they continue to exist post-termination of a tribe's federally recognized status. This landmark decision underscored tribal sovereignty and treaty rights by asserting that such inherent privileges cannot be unilaterally dissolved without clear congressional intent.

In the dissenting opinion for Menominee Tribe of Indians v. United States, Justice Black disagreed with the majority's view that hunting and fishing rights were not terminated when federal supervision over tribal lands ended. He argued that Congress had clearly intended to terminate all special privileges previously granted to the tribe under treaties or statutes when it passed the Termination Act in 1954. This included any implied right to hunt and fish free from state regulation. Furthermore, he contended that even if such a right could be inferred from past treaties or laws, it would have been extinguished by subsequent legislation which made no mention of preserving these rights after termination of federal supervision. In his view, allowing tribes to continue exercising these privileges without state interference would undermine states' sovereignty over their natural resources.