Day 21

英文重現(xiàn)

In Winters v. United States (1908), the Supreme Court held that the right to use waters flowing through or adjacent to the Fort Belknap Indian Reservation was reserved to American Indians by the treaty establishing the reservation. Although this treaty did not mention water rights, the Court ruled that the federal government, when it created the reservation, intended to deal fairly with American Indians by reserving for them the waters without which their lands would have been useless.

——GMAT OG 2015, Reading Comprehension, Passage 14

解析

1.第一個句子中，“flowing through…Belknap Indian Reservation”是現(xiàn)在分詞作后

置定語，修飾前面的“waters”，現(xiàn)在分詞作后置定語多表示主動含義。

2.第一個句子中，“held”的賓語是后面“that”引導(dǎo)的從句“that the right to...the reservation”，其主干是“the right to use waters was reserved to American Indians”。“by +邏輯主語”在被動語態(tài)中作狀語，此處“treaty”即為“reserve”的邏輯主語，“establishing the reservation”是現(xiàn)在分詞作后置定語，修飾“treaty”。

3.第二個句子的主干是“the Court ruled that the federal government intended to deal fairly with American Indians”；“Although”引導(dǎo)的是一個讓步狀語從句，“when it created the reservation”是時間狀語從句，“by reserving for them the waters without which their lands would have been useless”作方式狀語，其中的“without which their lands would have been useless”是帶介詞的定語從句，修飾前面的“waters”（當(dāng)介詞與引導(dǎo)定語從句的關(guān)系代詞之間存在介賓關(guān)系時，可以將介詞置于關(guān)系代詞前）。

詞義辨析

參考翻譯

在Winters v. United States（1908）案件中，高等法院認(rèn)為：根據(jù)建立保留區(qū)的條約，流經(jīng)或毗鄰貝爾納普堡印第安人保留區(qū)的水域的使用權(quán)是被保留給美洲印第安人的。盡管這一條約沒有提到用水權(quán)，但是法院判定，聯(lián)邦政府在創(chuàng)建保留區(qū)的時候，目的是通過為美洲印第安人保留水域公平地對待他們；沒有這些水域，他們的（印第安人的）土地將會一無是處。

實戰(zhàn)演練

In Winters v. United States (1908), the Supreme Court held that the right to use waters flowing through or adjacent to the Fort Belknap Indian Reservation was reserved to American Indians by the treaty establishing the reservation. Although this treaty did not mention water rights, the Court ruled that the federal government, when it created the reservation, intended to deal fairly with American Indians by reserving for them the waters without which their lands would have been useless. Later decisions, citing Winters， established that courts can find federal rights to reserve water for particular purposes if (1) the land in question lies within an enclave under exclusive federal jurisdiction, (2) the land has been formally withdrawn from federal public lands—i.e., withdrawn from the stock of federal lands available for private use under federal land use laws—and set aside or reserved, and (3) the circumstances reveal the government intended to reserve water as well as land when establishing the reservation.

…This fact, however, has not barred application of the Winters doctrine. What constitutes an American Indian reservation is a question of practice, not of legal definition, and the pueblos have always been treated as reservations by the United States. This pragmatic approach is buttressed by Arizona v. California (1963), wherein the Supreme Court indicated that the manner in which any type of federal reservation is created does not affect the application to it of the Winters doctrine. Therefore, the reserved water rights of Pueblo Indians have priority over other citizens’ water rights as of 1848, the year in which pueblos must be considered to have become reservations.

According to the passage, which of the following was true of the treaty establishing the Fort Belknap Indian Reservation?

(A) It was challenged in the Supreme Court a number of times.

(B) It was rescinded by the federal government, an action that gave rise to the Winters case.

(C) It cited American Indians’ traditional use of the land's resources.

(D) It failed to mention water rights to be enjoyed by the reservation's inhabitants.

(E) It was modified by the Supreme Court in Arizona v. California.

答案：D

答案解析

題目問的是關(guān)于建立貝爾納普堡印第安人保留區(qū)的條約，以下哪項是正確的。

選項A“它多次受到高等法院的懷疑”，文中雖然提到高等法院依據(jù)條約做出判決（by the treaty establishing the reservation），可是并未提到高等法院質(zhì)疑過該條約，因此錯誤。

選項B“它被聯(lián)邦政府撤回/廢止了”在文中也未提及。

選項C“它引用了美洲印第安人對土地上的資源傳統(tǒng)的使用”在條約中并未提及，不符合題干，雖然下一段提到了“美洲印第安人對水域傳統(tǒng)的使用”（Some American Indian tribes have also established water rights through the courts based on their traditional diversion and use of certain waters prior to the United States’ acquisition of sovereignty）。

選項D“它未提及保留區(qū)的居民對水域的使用權(quán)”正確，與文中“Although this treaty did not mention water rights”對應(yīng)，雖然這是讓步，可是依然是一個事實。

選項E“在Arizona v. California案件中，條約被高等法院修改了”錯誤，下一段雖然也提及了Arizona v. California（This pragmatic approach is buttressed by Arizona v. California），但是并不是因為條約，且也未提及對條約進行了修改，也不符合題干。