Alaska v. Native Village of Venetie Tribal Government
Encyclopedia
Alaska v. Native Village of Venetie Tribal Government, 522 U.S. 520 (1998), was a case heard by the Supreme Court of the United States
. The local tribal council
in Venetie, Alaska
, wanted to collect tax
from non-tribal members doing business on tribal lands. The Supreme Court granted certiorari
on appeal from the United States Court of Appeals for the Ninth Circuit
. The Court decided unanimously that the land was not the tribe's land subject to the tribal tax even though it was owned by the tribe because it was not part of a Native American reservation. Because all but one reservation in Alaska
(the Annette Island
reservation of the Tsimshian
) had been eliminated by the Alaska Native Claims Settlement Act
of 1971, the decision had the practical effect of making almost all Indian tribes in Alaska no longer able to collect taxes on tribal land.
The State of Alaska, the petitioner
, was represented by John G. Roberts, who later became the Chief Justice of the United States
. The respondent was represented by Heather Kendall-Miller, an attorney of Athabascan
descent who was in the same class as Barack Obama
at Harvard Law School
.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. The local tribal council
Tribal Council
A Tribal Council is either: an association of Native American bands in the United States or First Nations governments in Canada, or the governing body for certain tribes within the United States or elsewhere...
in Venetie, Alaska
Venetie, Alaska
Venetie , pronounced VEEN-ih-tye, is a census-designated place in Yukon-Koyukuk Census Area, Alaska, United States...
, wanted to collect tax
Tax
To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
from non-tribal members doing business on tribal lands. The Supreme Court granted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
on appeal from the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
. The Court decided unanimously that the land was not the tribe's land subject to the tribal tax even though it was owned by the tribe because it was not part of a Native American reservation. Because all but one reservation in Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
(the Annette Island
Annette Island
Annette Island, or Taak'w Aan, is an island in Gravina Islands of the Alexander Archipelago of the Pacific Ocean on the southeastern coast of the U.S. state of Alaska. It is at . It is about long and about wide. The land area is...
reservation of the Tsimshian
Tsimshian
The Tsimshian are an indigenous people of the Pacific Northwest Coast. Tsimshian translates to Inside the Skeena River. Their communities are in British Columbia and Alaska, around Terrace and Prince Rupert and the southernmost corner of Alaska on Annette Island. There are approximately 10,000...
) had been eliminated by the Alaska Native Claims Settlement Act
Alaska Native Claims Settlement Act
The Alaska Native Claims Settlement Act, commonly abbreviated ANCSA, was signed into law by President Richard M. Nixon on December 23, 1971, the largest land claims settlement in United States history. ANCSA was intended to resolve the long-standing issues surrounding aboriginal land claims in...
of 1971, the decision had the practical effect of making almost all Indian tribes in Alaska no longer able to collect taxes on tribal land.
The State of Alaska, the petitioner
Petitioner
A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition.-In the courts:The petitioner may seek a legal remedy if the state or another private person has acted unlawfully...
, was represented by John G. Roberts, who later became the Chief Justice of the United States
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
. The respondent was represented by Heather Kendall-Miller, an attorney of Athabascan
Athabaskan languages
Athabaskan or Athabascan is a large group of indigenous peoples of North America, located in two main Southern and Northern groups in western North America, and of their language family...
descent who was in the same class as Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
at Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
.
See also
- List of United States Supreme Court cases, volume 522
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume