STANDING BEAR WAS ARRESTED FOR TRYING TO GO HOME – THEN HIS CASE FORCED A U.S. COURT TO DECIDE IF A NATIVE MAN WAS A “PERSON”
The court’s answer depended on refusing to let the complexity of federal Indian law swallow the plain meaning of “person.”
That is why the ruling still resonates.
Legal systems often become most revealing when an institution invokes complexity to avoid a simple moral and legal question.
Standing Bear’s case stripped the issue down.
The government had a man in custody.
Show the lawful authority.