Moe v. Confederated Salish & Kootenai Tribes
Appearance
(Redirected from Moe v. Confed. Salish & Kootenai Tribes)
Moe v. Confederated Salish & Kootenai Tribes | |
---|---|
Decided April 27, 1976 | |
Full case name | Moe v. Confederated Salish & Kootenai Tribes |
Citations | 425 U.S. 463 (more) |
Holding | |
State tax on personal property owned by tribe members inside reservations and state sales tax on trade between two tribe members were preempted by the General Allotment Act. Charging non-members sales tax on commerce with tribe members was constitutional. | |
Court membership | |
| |
Case opinion | |
Majority | Rehnquist, joined by unanimous |
Laws applied | |
General Allotment Act |
Moe v. Confederated Salish & Kootenai Tribes, 425 U.S. 463 (1976), was a United States Supreme Court case in which the Court held that a state tax on personal property owned by tribe members inside reservations and a state sales tax on trade between two tribe members were preempted by the General Allotment Act. Charging non-members sales tax on commerce with tribe members was constitutional, and the state could require the tribe member to collect that tax.[1][2] The court also said that treating Natives differently in this context would constitute racial discrimination in violation of the Fifth Amendment.[2]