Cite as: 508 U. S. 679 (1993)
Blackmun, J., dissenting
Congress acts, the tribes retain their existing sovereign powers. In sum, Indian tribes still possess those aspects of sovereignty not withdrawn by treaty or statute, or by implication as a necessary result of their dependent status." 435 U. S., at 323 (emphases added). This Court has found implicit divestiture of inherent sovereignty necessary only "where the exercise of tribal sovereignty would be inconsistent with the overriding interests of the National Government, as when the tribes seek to engage in foreign relations, alienate their lands to non-Indians without federal consent, or prosecute non-Indians in tribal courts which do not accord the full protections of the Bill of Rights." Washington v. Confederated Tribes of Colville Reservation, 447 U. S. 134, 153-154 (1980).2
The Fort Laramie Treaty confirmed the Tribe's sovereignty over the land in question in the most sweeping terms by providing that it be "set apart for the absolute and undisturbed use and occupation of the [Sioux]." 15 Stat. 636. The majority acknowledges that this provision arguably conferred " 'upon the Tribe the authority to control hunting and fishing on those lands.' " Ante, at 688, quoting Montana v. United States, 450 U. S. 544, 558-559 (1981). Because "treaties should be construed liberally in favor of the Indians,"
2 Neither South Dakota nor the majority is able to identify any overriding federal interest that would justify the implicit divestiture of the Tribe's authority to regulate non-Indian hunting and fishing. In rejecting the Tribe's inherent sovereignty argument, the majority relies on the suggestion in Montana v. United States, 450 U. S. 544 (1981), that "the 'exercise of tribal power beyond what is necessary to protect tribal self-government or to control internal relations is inconsistent with the dependent status of the tribes, and so cannot survive without express congressional delegation.' " Ante, at 694-695, quoting Montana, 450 U. S., at 564. I already have had occasion to explain that this passage in Montana is contrary to 150 years of Indian-law jurisprudence and is not supported by the cases on which it relied. See Brendale v. Confederated Tribes and Bands of Yakima Nation, 492 U. S. 408, 450-456 (1989) (opinion concurring in judgment and dissenting). There is no need to repeat that explanation here.
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