Muskrat v. United States

PETITIONER:David Muskrat and J. Henry Dick
RESPONDENT:United States

DECIDED BY: White Court (1911)

ARGUED: Nov 30, 1910
DECIDED: Jan 23, 1911

Facts of the case

An Act of Congress in 1902 alloted land to Cherokee Indians, including David Muskrat and Henry Dick. Congress passed acts in 1904 and 1906 that limited the rights that Indians on the land could exercise over it. Some Cherokees already on the land contended that this act had the potential to unconstitutionally deprive them of their property. Congress passed an act in 1907 granting federal courts the jurisdiction to hear cases from Indians contesting the constitutionality of the 1904 and 1906 acts. Under this act, Muskrat and Dick filed suit in the Court of Claims and appealed to the Supreme Court.


Can Congress authorize matters for judicial review that are not “cases” or “controversies”?