United States v. Forty-Three Gallons of Whiskey
1883 United States Supreme Court case / From Wikipedia, the free encyclopedia
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United States v. Forty-Three Gallons of Whiskey, 108 U.S. 491 (1883), is a United States Supreme Court case in which the Court held that Congress has the power to regulate the possession and sale of liquor in the lands of and near Native American tribes and upheld an order to seize barrels containing forty-three gallons of whiskey that were being traded on Native American land.[1]
United States v. Forty-Three Gallons of Whiskey | |
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Decided May 7, 1883 | |
Full case name | United States v. Forty-Three Gallons of Whisky |
Citations | 108 U.S. 491 (more) 2 S. Ct. 906; 27 L. Ed. 803; 1883 U.S. LEXIS 1058 |
Holding | |
Seizure of alcohol bound for Indian territory is legal as treaties take precedence over state law pursuant to the Supremacy Clause | |
Court membership | |
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Case opinion | |
Majority | Field, joined by unanimous |
Laws applied | |
U.S. Const. Art. VI, Clause 2 Nonintercourse Act of 1834 |
The form of the styling of the case in which the defendant being an object, rather than a legal person, is caused by it being a jurisdiction in rem (power over objects) case, rather than the more familiar in personam (over persons) case.