Congressional Digest

Supreme Court Debates February 2019 No. 2 Vol. 22
State of Wyoming, Respondent

Indian Treaty Rights

Tribal Hunting Privileges and State Power

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State of Wyoming, Respondent

Peter K. Michael, Counsel of Record

The United States and the Crow Indian Tribe in 1868 signed the Treaty of Fort Laramie, which ceded much of the tribe’s historic lands to the United States Government in exchange for the creation of the Crow Reservation in southern Montana. Because the Crow were a nomadic tribe that relied on buffalo and other large animals for much of their diet, the two sides included a provision in the treaty that would allow the Crow to continue to hunt on “unoccupied lands of the United States” outside its reservation. U.S. courts would later interpret those rights as temporary, either ending…

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