188
Opinion of the Court
Wildlife v. Klamath Tribe, 473 U. S. 753 (1985), required a different result. 124 F. 3d, at 921. Third, the court rejected the State's argument that, under the "equal footing doctrine," Minnesota's entrance into the Union extinguished any Indian treaty rights. Id., at 926-929. Specifically, the Court of Appeals found no evidence of congressional intent in enacting the Minnesota statehood Act to abrogate Chippewa usufructuary rights, id., at 929, and it rejected the argument that Ward v. Race Horse, 163 U. S. 504 (1896), controlled the resolution of this issue, 124 F. 3d, at 926-927.
In sum, the Court of Appeals held that the Chippewa retained their usufructuary rights under the 1837 Treaty with respect to land located in the State of Minnesota. This conclusion is consistent with the Court of Appeals for the Seventh Circuit's earlier decision holding that the Chippewa retained those same rights with respect to the ceded land located in Wisconsin. Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. Voigt, 700 F. 2d 341, appeal dism'd and cert. denied sub nom. Besadny v. Lac Courte Oreilles Band of Lake Superior Chippewa Indians, 464 U. S. 805 (1983) (Brennan, Marshall, and Stevens, JJ., would affirm). The Court of Appeals for the Eighth Circuit denied a petition for rehearing and a suggestion for rehearing en banc. The State of Minnesota, the landowners, and the counties all filed petitions for writs of certiorari, and we granted the State's petition. 524 U. S. 915 (1998).
II
We are first asked to decide whether President Taylor's Executive Order of February 6, 1850, terminated Chippewa hunting, fishing, and gathering rights under the 1837 Treaty. The Court of Appeals began its analysis of this question with a statement of black letter law: " 'The President's power, if any, to issue the order must stem either from an act of Con-
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