· 5/12/1967
United States v. Obligacion
Citations
- 17 C.M.A. 36
- 17 USCMA 36
- 37 C.M.R. 300
- 1967 CMA LEXIS 306
- 1967 WL 4243
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- Court of Claims has jurisdiction to hear cases alleging violation of termination statutes
- expressly distinguishing between a claim that a federal official contravened a gov erning statute from a claim that Congress itself breached a trust duty by enacting a constitutional statute
- “[I]t has also been established for at least seventy years that Congress has the unilateral and plenary power ... to abrogate or modify, by statute, a prior treaty with Indians.”
- “Unless the Department violated the Constitution or some outstanding directive of Congress, the United States cannot be held hable for Interior’s affirmative actions or passive omissions with respect to the passage and implementation of the Termination Act.”
- congressional breach of trust or “Basic” claim
Source: CourtListener parenthetical corpus (CC0).
Judges: Ferguson, Kilday, Quinn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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