Conclusion
The Court ruled that an Indian Tribe must "identify a substantive source of law that establishes specific fiduciary or other duties." The opinion by Justice Ruth Bader Ginsburg held that the IMLA could not be interpreted to require the Secretary to exercise broad authority to manage the tribe's resources for the tribe's benefit. Instead, the tribe itself controls negotiations and the Secretary has a more limited role in approving the agreements. The Court concluded that no provision of the IMLA entitled the tribe to monetary damages as a result of the government's role in the negotiations. Justice Souter, joined by justices Stevens and O’Connor, wrote a dissent arguing that the Secretary's approval power must be exercised for the tribe's benefit, and monetary damages may be awarded if the power is misused.
Read more about this topic: United States V. Navajo Nation
Famous quotes containing the word conclusion:
“I have come to the conclusion that the closer people are to what may be called the front lines of government ... the easier it is to see the immediate underbrush, the individual tree trunks of the moment, and to forget the nobility the usefulness and the wide extent of the forest itself.... They forget that politics after all is only an instrument through which to achieve Government.”
—Franklin D. Roosevelt (18821945)
“Ive heard the wolves scuffle, and said: So this
Is man; so what better conclusion is there
The day will not follow night, and the heart
Of man has a little dignity, but less patience
Than a wolfs....”
—Allen Tate (18991979)
“of making many books there is no end; and much study is a weariness
of the flesh.
Let us hear the conclusion of the whole matter: Fear God, and keep
his commandments: for this is the whole duty of man.”
—Bible: Hebrew Ecclesiastes (l. XII, 13)