Summary

United States v. Nice — Opinion of the Court

The power of Congress to regulate or prohibit traffic in intoxicating liquor with tribal Indians within a state, whether upon or off an Indian reservation, is well settled. It has long been exercised, and has repeatedly been sustained by this court. Its source is twofold; first, the clause in the Constitution expressly investing Congress with authority 'to regulate commerce . . . with the Indian tribes,' and, second, the dependent relation of such tribes to the United States.
Source: Wikisource

United States v. Nice — Opinion of the Court

Of course, when the Indians are prepared to exercise the privileges and bear the burdens of one sui juris, the tribal relation may be dissolved and the national guardianship brought to an end; but it rests with Congress to determine when and how this shall be done, and whether the emancipation shall at first be complete or only partial. Citizenship is not incompatible with tribal existence or continued guardianship, and so may be conferred without completely emancipating the Indians, or placing them beyond the reach of congressional regulations adopted for their protection.
Source: Wikisource

United States v. Nice — Opinion of the Court

The right to exercise it in reference to any Indian tribe, or any person who is a member of such tribe, is absolute, without reference to the locality of the traffic, or the locality of the tribe, or of a member of the tribe with whom it is carried on. . . . This power residing in Congress, that body is necessarily supreme in its exercise.' And of the second it was said in United States v. Kagama, 118 U.S. 375, 383, 30 L. ed. 228, 231, 6 Sup. Ct. Rep. 1109: 'These Indian tribes are the wards of the nation. They are communities dependent on the United States.
Source: Wikisource

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