Merrion v. Jicarilla Apache Tribe, 455 U.S. 130 (1982) Merrion v. Jicarilla Apache Tribe No. 80-11 Argued March 30, 1981 Reargued November 4, 1981 Decided January 25, 1982* 455 U.S. 130
". . .The Tribe's role as commercial partner with petitioners should not be confused with its role as sovereign. It is one thing to find that the Tribe has agreed to sell the right to use the land and take valuable minerals from it, and quite another to find that the Tribe has abandoned its sovereign powers simply because it has not expressly reserved them through a contract. To presume that a sovereign forever waives the right to exercise one of its powers unless it expressly reserves the right to exercise that power in a commercial agreement turns the concept of sovereignty on its head."
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