In the case of Thompson v. Baker, 1891, the United States Supreme Court ruled on a dispute involving land ownership rights in Florida. The plaintiff, Thompson, claimed that he had purchased a tract of land from an individual who had obtained it through a Spanish grant before Florida became part of the U.S., and therefore his claim was superior to any subsequent American claims. However, defendant Baker argued that he held title to this same piece of property due to its inclusion in a large parcel sold by Congress to finance internal improvements within Florida state boundaries. The court sided with Baker's argument and upheld his right over the disputed territory based on Congressional action rather than pre-existing foreign grants or purchases. This decision reinforced federal supremacy over state laws regarding public lands disposal and confirmed that Congressional actions could override previous foreign treaties when it came to determining rightful ownership.

In the dissenting opinion for Thompson v. Baker, Justice Brewer argued that the majority's decision to uphold a state law prohibiting non-residents from hunting or fishing in Michigan was unconstitutional. He contended that this law violated the Privileges and Immunities Clause of Article IV, Section 2 of the U.S Constitution which guarantees citizens of each state all privileges and immunities enjoyed by citizens in other states. According to him, hunting and fishing are fundamental rights not limited by residency status; thus, any laws restricting these activities based on one’s residence infringe upon their constitutional rights. Furthermore, he believed such restrictions could lead to retaliatory measures between states causing further divisions among them.