page_title: United States v. Kagama
section_title: Crow Dog and the Major Crimes Act of 1885
hierarchical_section_title: United States v. Kagama / Background / Crow Dog and the Major Crimes Act of 1885
caption_attribution_description: English: Lakota chief Crog Dog (1833&#8211;1910)
context_page_description: United States v. Kagama, 118 U.S. 375, was a United States Supreme Court case that upheld the constitutionality of the Major Crimes Act of 1885. This Congressional act gave the federal courts jurisdiction in certain cases of Indian-on-Indian crimes, even if the crimes were committed on an Indian reservation. Kagama, a Yurok Native American accused of murder, was selected as a test case by the Department of Justice to test the constitutionality of the Act.
  The importance of the ruling in this case was that it tested the constitutionality of the Act and confirmed Congress' authority over Indian affairs. Plenary power over Indian tribes, supposedly granted to the U.S. Congress by the Commerce Clause of the Constitution, was not deemed necessary to support the Supreme Court in this decision; instead, the Court found the power in the tribes' status as dependent domestic nations. This allowed Congress to pass the Dawes Act the following year. The case has been criticized by legal scholars as drawing on powers that are not granted to Congress by the Constitution. It remains good law, despite that criticism.
context_section_description: In 1881, a Brulé Lakota Sioux named Crow Dog killed his government-installed chief.  Crow Dog was detained and tried for murder.  However, he contended that the United States held no jurisdiction on the reservation. The Supreme Court agreed, confirming Crow Dog's assertion that they lacked jurisdiction because the crime occurred in Indian country between two Indians.  In the opinion issued by Justice Stanley Matthews for the Supreme Court in Ex parte Crow Dog in 1883, the Court implied that if Congress intended to exert legislative authority over these tribes they must pass an explicit law granting jurisdiction to the federal courts over Indian-on-Indian crime in Indian country, and then the Court would confirm its constitutionality.
  In response, Congress debated the need and importance of teaching Indians regard for the rule of law. Further, it was argued that if an Indian committed a crime he could be tried under the laws of the United States.  Congress ultimately passed an addendum to the Indian Appropriations Act of March 3, 1885, more commonly known as the Major Crimes Act, claiming exclusive jurisdiction of the federal government to prosecute Indians for seven major crimes anywhere in the nation, if the land is in Indian country, including Indian reservations.  The seven original crimes included in the 1885 act (the list is now 15 crimes) were murder, manslaughter, rape, assault with intent to kill, arson, burglary, and larceny.
caption: Crow Dog
exif: {}