United States v. Santa Fe Pacific Railroad Co.
 | This article relies largely or entirely on a single source. (May 2021) |
| United States v. Santa Fe Pacific Railroad Co. | |
|---|---|
 | |
| Subsequent | Rehearing denied, 314 U.S. 716 (1942) |
| Holding | |
| Aboriginal title is extinguished by legislation only with a clear intention. | |
| Court membership | |
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| Case opinion | |
| Majority | Douglas, joined by unanimous |
| Laws applied | |
| Treaty of Guadalupe Hidalgo; 10 Stat. 308 (1854); 13 Stat. 541 (1865); 14 Stat. 292 (1866); 16 Stat. 291 (1870) | |
United States v. Santa Fe Pacific Railroad Co., 314 U.S. 339 (1941), is a United States Supreme Court case in which the Court held that the power of Congress to extinguish aboriginal title is plenary and nonjusticiable but that Congress was presumed not to do so absent a clear intention.[1] It is the leading precedent on the extinguishment of aboriginal title in the United States.
The suit was brought by the federal government, on behalf of the
However, the Court held that the 1881 creation of a reservation by executive order at the request of the Hualapai extinguished the tribe's aboriginal title outside of that reservation. The case distinguished aboriginal title in California from aboriginal title in the rest of the Mexican Cession and is frequently cited for its in-depth discussion of the test for the extinguishment of aboriginal title.
See also
- McCabe v. Atchison, Topeka & Santa Fe Railway Co.
- List of United States Supreme Court cases, volume 314
References
External links
- Text of United States v. Santa Fe Pacific Railroad Co., 314 U.S. 339 (1941) is available from: Cornell CourtListener Google Scholar Justia
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