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:
“We must continually remind students in the classroom that expression of different opinions and dissenting ideas affirms the intellectual process. We should forcefully explain that our role is not to teach them to think as we do but rather to teach them, by example, the importance of taking a stance that is rooted in rigorous engagement with the full range of ideas about a topic.”
—bell hooks (b. 1955)
“If in the opinion of the Tsars authors were to be the servants of the state, in the opinion of the radical critics writers were to be the servants of the masses. The two lines of thought were bound to meet and join forces when at last, in our times, a new kind of regime the synthesis of a Hegelian triad, combined the idea of the masses with the idea of the state.”
—Vladimir Nabokov (1899–1977)