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United States v. Repentigny

1866 • 72 U.S. 211 • Chase Court
United States v. Repentigny was a United States Supreme Court case in which the court ruled that Congress had the power to regulate commerce between Native American tribes and non-Native Americans, even if it occurred within a state's boundaries. The case arose when two members of an Indian tribe were arrested for selling liquor to other Indians on their reservation without obtaining a license from the state government. The defendants argued that they did not need such permission because their...Open Case
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Chief Chase Court
Term: 1866
72 U.S. 211
18 L. Ed. 627
1866 U.S. LEXIS 936
Argued: Jan 29, 1867

United States v. Repentigny

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Opinion Summary
AI Abstract

United States v. Repentigny was a United States Supreme Court case in which the court ruled that Congress had the power to regulate commerce between Native American tribes and non-Native Americans, even if it occurred within a state's boundaries. The case arose when two members of an Indian tribe were arrested for selling liquor to other Indians on their reservation without obtaining a license from the state government. The defendants argued that they did not need such permission because their sale of alcohol took place entirely within tribal lands, and thus should be exempt from any regulation by Congress or the states. However, the Supreme Court disagreed with this argument and held that Congress could indeed regulate trade between Native Americans and non-Natives regardless of where it takes place; this ruling has since been cited as precedent in numerous cases involving similar issues concerning tribal sovereignty.

Dissent Summary
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In United States v. Repentigny, the Supreme Court was tasked with deciding whether a treaty between the United States and France allowed French citizens to sue in U.S. courts for damages caused by American vessels on the high seas during wartime. The majority opinion held that such suits were not permitted under international law or treaties between nations, but Justice Field dissented from this decision and argued that it should be possible for foreign nationals to bring suit against an offending nation in its own courts if authorized by treaty provisions. He reasoned that allowing such suits would promote justice and fairness among nations, as well as provide a means of enforcing international agreements without resorting to war or other forms of coercion; thus, he concluded that there was no legal impediment preventing French citizens from suing in U.S. courts for damages caused by American vessels on the high seas during wartime pursuant to existing treaties between France and America

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