Pub. date: 2009 | Online Pub. Date: June 02, 2009 | DOI: 10.4135/9781412971928 | Print ISBN: 9781412950855 | Online ISBN: 9781412971928| Publisher:SAGE Publications, Inc.About this encyclopedia
United States v. Antelope
Maldine Beth Bailey
In the 1977 case of United States v. Gabriel Francis Antelope , the U.S. Supreme Court held that no violation of due process or equal protection occurred, wherein three Coeur d'Alêne Indian men were charged and prosecuted under federal law based upon the fact that the crime occurred on an Indian reservation, which is a federal enclave. A federal enclave is a designated geographic region over which the federal government holds sole jurisdiction, as permitted by Article 1, Section 8, clause 17 of the U.S. Constitution. A federal enclave is distinguished from territories and possessions obtained under other constitutional provisions. The Court further held that there was no equal protection violation in the federal charge of felony murder, although the state of Idaho did not have a felony murder rule. Gabriel Antelope, Leonard Davison, and William Davison broke into the house of Emma Johnson on the night of February 18, ...