Cite as: 521 U. S. 261 (1997)
Souter, J., dissenting
This case, to be sure, differs from Young in two respects, but neither of them affects the Tribe's jurisdictional position. First, the Tribe's claim to have federal law on its side rests upon combined executive and congressional action, not the National Constitution. If the Tribe is right that the National Government conveyed the submerged lands to the Tribe prior to Idaho's admission to statehood, the officials' action is just as devoid of any valid basis as the acts found to be void for unconstitutionality in Young. See Florida Dept. of State v. Treasure Salvors, Inc., 458 U. S. 670, 675- 676, and n. 5, 695-697 (1982) (opinion of Stevens, J.) (officer suit may proceed where state officers are acting in violation of federal statutory law); see also Larson, supra, at 698-699.
The second difference from Young is that this case turns on federal law governing passage of title to property; but a government's assumption of title to property is no different from its assumption of any state authority that it may ultimately turn out not to have. That a claim involves title is thus irrelevant under Young and has never been treated otherwise. Not only has a title claim never displaced Young so as to render state officials immune to suit by a rival claimant, see, e. g., Treasure Salvors, supra, but long before Young had even been decided United States v. Lee, 106 U. S. 196 (1882), held federal officers to be subject to a possessory action for land claimed by the United States on the basis of federal law. Since for purposes of Young Idaho and its officials claiming title under federal law are in the same posture as the United States and its officers in Lee, the appropriate analysis is the one exemplified in that case. See also Tindal v. Wesley, 167 U. S. 204, 213 (1897) ("[I]t cannot be doubted that the question whether a particular suit is one against the State, within the meaning of the Constitution, must depend upon the same principles that determine whether a particular suit is one against the United States").
In Lee, the Court held there was federal jurisdiction over an ejectment suit brought by General Lee's son to oust fed-
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