Antoine v. Washington

Antoine v. Washington
Argued December 16, 1974
Decided February 19, 1975
Full case nameAlexander J. Antoine, et ux. v. State of Washington
Citations420 U.S. 194 (more)
95 S. Ct. 944; 43 L. Ed. 2d 129
ArgumentOral argument
Case history
PriorState v. Antoine, 511 P.2d 1351 (Wash. 1973)
Holding
1. Treaties and laws must not be construed to the prejudice of Native Americans (Indians).

2. The Supremacy Clause precludes the application of state game laws to the tribe.

3. Congress showed no intent to subject the tribe to state jurisdiction for hunting.

4. While the state can regulate non-Indians in the ceded area, Indians must be exempted from such regulations.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
Case opinions
MajorityBrennan, joined by Burger, White, Marshall, Blackmun, Powell
ConcurrenceDouglas
DissentRehnquist, joined by Stewart
Laws applied
U.S. Const. art. VI, § 2

Antoine v. Washington, 420 U.S. 194 (1975), was a United States Supreme Court case in which the Court held that treaties and laws must be construed in favor of Native Americans (Indians); that the Supremacy Clause precludes the application of state game laws to the tribe; that Congress showed no intent to subject the tribe to state jurisdiction for hunting; and while the state can regulate non-Indians in the ceded area, Indians must be exempted from such regulations.


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