Dissenting Opinion
Justice Thurgood Marshall dissents, saying he believes that the right to punish all individuals who commit crimes against tribal law within the reservation is a necessary aspect of the tribes sovereignty. In his dissent, Justice Marshall states:
"I agree with the court below that the "power to preserve order on the reservation . . . is a sine qua non of the sovereignty that the Suquamish originally possessed." Oliphant v. Schlie, 544 F.2d 1007, 1009 (CA9 1976). In the absence of affirmative withdrawal by treaty or statute, I am of the view that Indian tribes enjoy, as a necessary aspect of their retained sovereignty, the right to try and punish all persons who commit offenses against tribal law within the reservation. Accordingly, I dissent."
Chief Justice Warren E. Burger joined the dissenting opinion.
Read more about this topic: Oliphant V. Suquamish Indian Tribe
Famous quotes containing the words dissenting and/or opinion:
“A dissenting minority feels free only when it can impose its will on the majority: what it abominates most is the dissent of the majority.”
—Eric Hoffer (19021983)
“The trail of the serpent reaches into all the lucrative professions and practices of man. Each has its own wrongs. Each finds a tender and very intelligent conscience a disqualification for success. Each requires of the practitioner a certain shutting of the eyes, a certain dapperness and compliance, an acceptance of customs, a sequestration from the sentiments of generosity and love, a compromise of private opinion and lofty integrity.”
—Ralph Waldo Emerson (18031882)