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The Volant

1866 • 72 U.S. 179 • Chase Court
The Volant was a Supreme Court case in which the court ruled that an Indian tribe had no right to sue for damages against a railroad company. The case involved the Sioux Indians, who claimed that they were not properly compensated by the Union Pacific Railroad Company when it built its tracks through their land. The court held that because of treaties between the United States and various tribes, including those with whom this dispute arose, Native Americans did not have standing to bring suit...Open Case
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Chief Chase Court
Term: 1866
72 U.S. 179
18 L. Ed. 626
1866 U.S. LEXIS 928
Argued: Feb 07, 1867

The Volant

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Opinion Summary
AI Abstract

The Volant was a Supreme Court case in which the court ruled that an Indian tribe had no right to sue for damages against a railroad company. The case involved the Sioux Indians, who claimed that they were not properly compensated by the Union Pacific Railroad Company when it built its tracks through their land. The court held that because of treaties between the United States and various tribes, including those with whom this dispute arose, Native Americans did not have standing to bring suit before federal courts. This decision has been cited as precedent in numerous cases since then involving similar disputes between Native American tribes and other entities such as corporations or government agencies.

Dissent Summary
AI Abstract

In The Volant, the Supreme Court was asked to decide whether a state court had jurisdiction over a case involving an alleged violation of federal law. Justice Swayne wrote the dissenting opinion, arguing that the state court did have jurisdiction in this case. He argued that Congress has no power to limit or control any action taken by a State within its own borders and thus could not prevent it from exercising its judicial authority in cases arising under federal laws. Furthermore, he noted that if Congress were allowed to do so, then it would be able to interfere with states' rights and undermine their sovereignty. In conclusion, Justice Swayne concluded that since there is no express grant of such power given by the Constitution for Congress to restrict States’ exercise of judicial authority over matters arising under federal law, then they should not be allowed to do so here either.

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