Diminishment Flashcards
1
Q
Indian Country (Def)
A
All land within the reservation.
2
Q
Three Step Inquiry
A
- Statutory Language, 2. If ambiguous- look to surrounding circumstances. 3. Post enactment history.
3
Q
Statutory language
A
Most probative. Look for explicit reference to cession. (cession+sum certain)
4
Q
Statutory Language (exceptions)
A
secretary selling land or public domain= no diminishment.
5
Q
Surrounding Circumstances
A
Look at negotiations and leg reports.
6
Q
Post-enactment history
A
Look at treatment of land after, who moved onto it.
7
Q
Diminishment rules
A
Must be clearly expressed. presumption in favor of cont existence, ambiguities lean in favor of cont existence
