morton mancari argued april decided june together amerind mancari et also appeal appellees employees bureau indian affairs bia brought class action claiming employment preference qualified indians bia provided indian reorganization act contravened provisions equal employment opportunities act deprived property rights without due process law violation fifth amendment district held indian preference implicitly repealed act proscribing racial discrimination federal employment enjoined appellant federal officials implementing indian employment preference policy bia held congress intend repeal indian preference district erred holding repealed act pp since extending general machinery federal employment congress way modified thus reaffirmed preferences accorded indians title vii civil rights act employment indian tribes private industries located near indian reservations anomalous conclude congress intended eliminate longstanding indian preferences bia employment racially discriminatory pp view fact shortly passed act congress enacted new indian preference laws part education amendments giving indians preference government programs training teachers indian children improbable congress condemned bia preference racially discriminatory pp extension civil rights act government employment largely codification prior executive orders respect indian preferences long treated exceptions reason presume congress affirmatively intended erase preferences prototypical case adjudication repeal implication appropriate since indian preference longstanding important component government indian program whereas provisions aimed alleviating minority discrimination employment designed deal entirely different problem two statutes thus irreconcilable capable since indian preference specific statute applying specific situation controlled nullified general provisions act pp indian preference constitute invidious racial discrimination violation due process clause fifth amendment reasonable rationally designed indian pp indian preference laws derived historical relationships explicitly designed help indians deemed invidious racial discrimination entirety effectively erased government commitment indians jeopardized pp indian preference constitute racial discrimination even racial preference rather employment criterion designed cause indian make bia responsive needs constituent groups pp long special treatment indians tied rationally fulfillment congress unique obligation toward indians legislative judgments disturbed pp blackmun delivered opinion unanimous harry sachse argued cause appellants brief solicitor general bork assistant attorney general pottinger carlton stoiber patricia schaffer harris sherman argued cause appellant briefs stuart land gene franchini argued cause filed brief appellees fn briefs amici curiae urging reversal filed theodore hope william pelster joseph fortenberry montana policy board et sanford jay rosen mexican american legal defense educational fund justice blackmun delivered opinion indian reorganization act also known act stat et accords employment preference qualified indians bureau indian affairs bia bureau appellees bia employees challenged preference contrary provisions equal employment opportunity act stat et seq supp ii violative due process clause fifth amendment federal district concluded indian preference act impliedly repealed act supp nm noted probable jurisdiction order examine statutory constitutional validity longstanding indian preference section indian reorganization act stat provides secretary interior directed establish standards health age character experience knowledge ability indians may appointed without regard laws various positions maintained hereafter indian office administration functions services affecting indian tribe qualified indians shall hereafter preference appointment vacancies positions shortly thereafter appellees employees bia albuquerque instituted class action behalf employees similarly situated district district new mexico claiming indian preference statutes app repealed equal employment opportunity act deprived rights property without due process law violation fifth amendment named defendants secretary interior commissioner indian affairs bia directors albuquerque navajo area offices appellees claimed implementation enforcement new preference policy placed continue place appellees distinct disadvantage competing promotion training programs indian employees continue subject appellees discrimination deny equal employment opportunity app convened pursuant complaint sought enjoin unconstitutional enforcement federal statute appellant amerind nonprofit organization representing indian employees bia moved intervene support preference motion granted district amerind thereafter participated stages litigation short trial focusing primarily new policy fact implemented district concluded indian preference implicitly repealed equal employment opportunity act pub stat supp ii proscribing discrimination federal employment basis race found congress repealed preference unnecessary district pass constitutionality permanently enjoined appellants implementing policy bureau indian affairs hire promote reassign person preference another solely reason person indian execution enforcement judgment district stayed justice marshall august pending disposition appeal ii federal policy according hiring preference indians indian service dates least far back since time congress repeatedly enacted various preferences general type issue purpose preferences variously expressed legislative history give indians greater participation government trust obligation toward indian tribes reduce negative effect administer matters affect indian tribal life preference directly issue enacted important part sweeping indian reorganization act overriding purpose particular act establish machinery whereby indian tribes able assume greater degree politically economically congress seeking modify situation whereby primarily bia plenary control practical purposes lives destinies federally recognized indian tribes initial congressional proposals diminished substantially role bia turning federally chartered indian communities many functions normally performed bureau committee sentiment however ran radical change role bia solution ultimately adopted strengthen tribal government continuing active role bia understanding bureau responsive interests people created serve one primary means fostered bureau made responsive increase participation tribal indians bia operations order achieve end recognized kind preference exemption otherwise prevailing civil service requirements necessary congressman howard house sponsor expressed need preference indians thus deprived civic rights powers largely deprived opportunity enter important positions service bureau manages affairs theoretically indians right qualify federal civil service actual practice adequate program training qualify indians compete examinations especially technical higher positions even training indians compete existing law equal terms multitudes white applicants various services indian reservations actually local rather federal services comparable local municipal county services since dealing purely local indian problems possible indians requisite vocational professional training enter service people without necessity competing white applicants positions bill permits cong rec iii background encounter first issue present case whether indian preference repealed equal employment opportunity act title vii civil rights act stat first major piece federal legislation prohibiting discrimination private employment basis race color religion sex national origin significantly act explicitly exempted coverage preferential employment indians indian tribes industries located near indian reservations exemption reveals clear congressional recognition within framework title vii unique legal status tribal activities senate sponsor senator humphrey stated floor way explanation exemption consistent federal government policy encouraging indian employment special legal position indians cong rec correct entrenched discrimination federal service necessary insure effective application uniform fair strongly enforced policies present law proposed statute permit industry labor organizations judges conduct area employment discrimination reason government agencies treated similarly pp appellees assert district held since act proscribed racial discrimination government employment act necessarily albeit sub silentio repealed provision act called preference bia one racial group indians conflict case present recent law act apply conflicting preferences passed years earlier impliedly repealed brief appellees first affirmative provisions act excluding coverage tribal employment preferential treatment business enterprise near reservation see supra exemptions private employment indicate congress recognition longstanding federal policy providing unique legal status indians matters concerning tribal near reservation employment exemptions reveal clear congressional sentiment indian preference narrow context tribal employment constitute racial discrimination type otherwise proscribed extending general machinery federal employment congress way modified private employment preferences built act still effect anomalous conclude congress intended eliminate longstanding statutory preferences bia employment racially discriminatory time reaffirming right tribal private employers provide indian preference appellees assertion congress implicitly repealed preference racially discriminatory retaining preferences attributes congress irrationality arbitrariness attribution share second three months congress passed amendments enacted two new indian preference laws part education amendments stat supp ii new laws explicitly require indians given preference government programs training teachers indian children improbable say least congress affirmatively approved enacted additional similar indian preferences time condemning bia preference racially discriminatory total absence manifestation supportive intent loathe imply improbable result third indian preferences many years treated exceptions executive orders forbidding government employment discrimination extension civil rights act government employment large part merely codification prior executive orders proved ineffective inadequate enforcement machinery certainly indication substantive proscription discrimination intended broader previously existed codifying existing provisions providing enforcement machinery reason presume congress affirmatively intended erase preferences previously coexisted broad provisions executive orders fourth appellees encounter cardinal rule repeals implication favored posadas national city bank wood pet universal interpretive shuttle washington metropolitan area transit district read congressional silence effectuating repeal implication nothing legislative history however indicates affirmatively congressional intent repeal preference indeed explained ample independent evidence legislative intent contrary prototypical case adjudication repeal implication appropriate preference longstanding important component government indian program provision aimed alleviating minority discrimination employment obviously designed deal entirely different indeed opposite problem perceived conflict thus apparent real absence affirmative showing intention repeal permissible justification repeal implication earlier later statutes irreconcilable georgia pennsylvania clearly case provision aimed furthering indian according employment preference within bia qualified members governed group readily general rule prohibiting employment discrimination basis race conclusion reached formalistic reasoning ignores history purposes preference unique legal relationship federal government tribal indians furthermore indian preference statute specific provision applying specific situation act hand general application clear intention otherwise specific statute controlled nullified general one regardless priority enactment see bulova watch rodgers courts liberty pick choose among congressional enactments two statutes capable duty courts absent clearly expressed congressional intention contrary regard effective two acts upon subject rule give effect possible intention legislature repeal must clear manifest borden light factors indicating repeal simply conclude congress consciously abandoned policy furthering indian passed amendments therefore hold district erred ruling indian preference repealed act iv still must decide whether appellees contend preference constitutes invidious racial discrimination violation due process clause fifth amendment bolling sharpe district pretermitting issue said well hold statute must fail constitutional grounds resolution instant issue turns unique legal status indian tribes federal law upon plenary power congress based history treaties assumption status legislate behalf federally recognized indian tribes plenary power congress deal special problems indians drawn explicitly implicitly constitution article cl provides congress power regulate commerce indian tribes thus extent singles indians proper subject separate legislation article ii cl gives president power advice consent senate make treaties often source government power deal indian tribes described origin nature special relationship exercise war treaty powers overcame indians took possession lands sometimes force leaving uneducated helpless dependent people needing protection selfishness others improvidence necessity assumed duty furnishing protection authority required perform obligation prepare indians take place independent qualified members modern body politic board county seber literally every piece legislation dealing indian tribes reservations certainly legislation dealing bia single special treatment constituency tribal indians living near reservations laws derived historical relationships explicitly designed help indians deemed invidious racial discrimination entire title code effectively erased solemn commitment government toward indians jeopardized see simmons eagle seelatsee supp ed aff historical legal context constitutional validity indian preference determined discussed congress determined proper fulfillment trust required turning indians greater control destinies overly paternalistic approach prior years proved exploitative destructive indian interests congress belief institutional changes required important part indian reorganization act preference provision issue contrary characterization made appellees preference constitute racial discrimination indeed even racial preference rather employment criterion reasonably designed cause indian make bia responsive needs constituent groups directed participation governed governing agency preference similar kind constitutional requirement senator elected inhabitant state shall chosen art cl member city council reside within city governed council congress sought enable bia draw heavily among constituent group staffing projects either directly indirectly affect lives tribal indians preference applied granted indians discrete racial group rather members tribal entities whose lives activities governed bia unique fashion see supra sense group people favored manner legal status bia truly sui generis furthermore preference applies employment indian service preference cover government agency activity need consider obviously difficult question presented blanket exemption indians civil service examinations preference reasonably directly related legitimate nonracially based goal principal characteristic generally absent proscribed forms racial discrimination numerous occasions specifically upheld legislation singles indians particular special treatment see board county seber federally granted tax immunity mcclanahan arizona state tax simmons eagle seelatsee supp ed statutory definition tribal membership resulting interest trust estate williams lee tribal courts jurisdiction reservation affairs cf morton ruiz federal welfare benefits indians near reservations unique legal status long standing see cherokee nation georgia pet worcester georgia pet sources diverse see generally dept interior federal indian law comment indian battle rev long special treatment tied rationally fulfillment congress unique obligation toward indians legislative judgments disturbed preference reasonable rationally designed indian say congress classification violates due process judgment district reversed cases remanded proceedings consistent opinion ordered footnotes earlier narrowly drawn indian preference statutes practical purposes replaced broader preference although directly challenged litigation statutes district decision clearly invalidated directive stated secretary interior announced today june approved bureau policy extend indian preference training filling vacancies original appointment reinstatement promotions new policy discussed national president national federation federal employees national consultation rights nffe department secretary morton jointly stress careful attention must given protecting rights employees new policy provides follows two candidates meet established qualification requirements available filling vacancy one indian shall given preference filling vacancy new policy effective immediately incorporated existing programs promotion program revised manual releases issued promptly review comment take immediate steps notify employees recognized unions policy app appellees state none employed near indian reservation brief appellees district described appellees teachers programmers computer work supp nm specific question whether act authorizes preference promotion well initial hiring decided district us express opinion issue see freeman morton app see also mescalero apache tribe hickel cert denied preference held inapplicable reduction force section reads personnel actions affecting employees applicants employment except regard aliens employed outside limits military departments defined section title executive agencies general accounting office defined section title including employees applicants employment paid nonappropriated funds postal service postal rate commission units government district columbia positions competitive service units legislative judicial branches federal government positions competitive service library congress shall made free discrimination based race color religion sex national origin act june stat cases appointments interpreters persons employed benefit indians preference shall given persons indian descent found properly qualified execution duties act may stat act july stat employment clerical mechanical help reservations agencies act stat employment herders teamsters laborers practicable employments indian service act june stat employment matrons farmers industrial teachers indian schools act june stat general preference indian labor products indian industry senator wheeler cosponsor act explained need preference follows setting civil service rule prevents indians managing property entirely different service anything else indians property belongs policy government teach indians manage business control funds administer property civil service worked poorly far indian service concerned hearings senate committee indian affairs pt letter contained house report act president roosevelt congressman howard without delay extend indian fundamental rights political liberty local opportunities education economic assistance require order attain wholesome american life obligation honor powerful nation toward people living among us dependent upon protection indians exposed danger none greater residence among unprincipled white men letter dated indian commissioners secretary war explained john collier commissioner indian affairs bill designed prevent absorption indians white communities rather provide indians unwilling unable compete white world measures affairs hearing senate committee indian affairs pt hearings readjustment indian affairs house committee indian affairs hereafter house hearings see also mescalero apache tribe jones house hearings section intended integrate indian government service connected administration affairs congress anxious promote economic political indian mescalero apache tribe hickel omitted bill admits qualified indians position sic service years ago number indians holding regular positions indian service proportion total positions greater today reason primarily found application generalized civil service indian service consequent exclusion indians jobs house hearings memorandum dated submitted commissioner collier senate house committees indian affairs congressman carter opponent bill placed congressional record following observation commissioner collier committee hearings must blind fact effect bill worked unquestionably replace white employees indian employees know fast ultimately go far indeed cong rec possible indians enter service people without running gauntlet competition whites positions indian progress ambition enormously strengthened soon adopt principle indian service shall gradually become fact well name indian service predominantly hands educated competent indians remarks cong howard section excludes indian tribe act definition employer section nothing contained subchapter shall apply business enterprise near indian reservation respect publicly announced employment practice business enterprise preferential treatment given individual indian living near reservation senator mundt supported exemptions senate floor claiming allow indians benefit indian preference programs operation later instituted cong rec act however contain proviso expressed somewhat precatory language shall policy insure equal employment opportunities federal employees without discrimination race color religion sex national origin stat disproportionatte sic distribution minorities women throughout federal bureaucracy exclusion higher level supervisory positions indicates government failure pursue policy equal opportunity critical defect federal equal employment program failure complaint process process impeded rather advanced goal elimination discrimination federal employment pp see exec order july fed reg cfr president eisenhower issued order prohibiting discrimination basis race civil service exec order fed reg cfr comp left standing earlier executive orders containing exceptions indian service see also cfr provides civil service exemption positions bureau indian affairs positions department interior directly primarily related providing services indians filled appointment indians indian blood preference directed towards racial group consisting indians instead applies members federally recognized tribes operates exclude many individuals racially classified indians sense preference political rather racial nature eligibility criteria appear biam policy indian preference appointment bureau eligible preference appointment promotion training individual must degree indian blood member tribe policy promotional consideration two candidates meet established qualification requirements available filling vacancy one indian shall given preference filling vacancy accordance policy statement approved secretary commissioner may grant exceptions policy approving selection appointment considers best interest bureau program restrict right management fill positions methods promotion positions may filled transfers reassignment reinstatement initial appointment app senator wheeler described bia entirely different service anything else hearings senate committee indian affairs pt