What does the U.S. Supreme Court say about treaties?
Over time, the United States Supreme Court has established basic elements of Indian law and treaty interpretation. These include the following components. The Trust Relationship: Tribes are not foreign nations but are “denominated domestic, dependent nations.” In Cherokee Nation v. Georgia (183I), the Court developed the doctrine of federal trusteeship over Indian affairs. Government Status: Indian tribes are sovereigns and state law does not apply on reservations without express consent of Congress. Reserved Rights Doctrine: In signing the treaties, the Tribes reserved many of their aboriginal rights. These may include land, hunting and fishing rights and the right to self-government. Canons Of Construction: Ambiguities in the treaties are to be interpreted as the Indians would have understood them at the time of signing. Treaties are to be broadly construed in determining Indian rights but narrowly interpreted when considering elimination or abrogation of those rights. Congress’ Plen
