Under the rule of Tee-Hit-Ton IndAms v. United States, announced by the United States Supreme Court in 1955, aboriginal title of Native Americans to their aboriginal land is not a property right whose confiscation requires compensation under the fifth amendment taking clause. The purpose of this Article is to critically analyze the Tee-Hit-Ton case, which has stood for nearly twenty-five years without serious scrutiny. The author first explores and critiques the legal foundations for the decision. After this criticism, the author enumerates and discusses the inherent dangers of the decision to Native American rights. By addressing the substantive fallacies of the Court's rationale and the potential dangers of future applications of the case, the Article attempts to supply a sufficient basis for a future restriction of Tee- Hit-Ton's impact.
Nell Jessup Newton,
At the Whim of the Sovereign: Aboriginal Title Reconsidered,
31 Hastings L.J. 1215
Available at: https://repository.uchastings.edu/hastings_law_journal/vol31/iss6/1