Town of Vernon, New York v. United States

Linked with:

• Upstate Citizens for Equality, Inc. v. United States

Issues: (1) Whether a tribe that opted out of the Indian Reorganization Act can revive its status under that Act through the Indian Land Consolidation Act, 25 U.S.C. § 2202, even though the United States did not hold land in a trust for that tribe at the time the tribe sought a land-in-trust acquisition; (2) whether the land-in-trust provision of the Indian Reorganization Act, 25 U.S.C. § 5108, exceeds Congress' authority under the Indian commerce clause, Art. I § 8, cl. 3; (3) whether 25 U.S.C. § 5108's standardless delegation of authority to acquire land “for Indians” is an unconstitutional delegation of legislative power; and (4) whether the federal government's control over state land must be categorically exclusive for the enclave clause, Art. I § 8, cl. 17, to prohibit the removal of that land from state jurisdiction.