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Treaty Resources
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Revered by many throughout Indian Country and often forgotten by others, treaties remain a
significant source of law today. Over 360 treaties were signed between 1778 and 1871.
Stories involving treaties and treaty rights frequently make the news, like
the Makah whale hunt and the Nooksack hunting case. To help you find out more about
treaties, we've put together a set of
resources about treaties and treaty law.
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A part of the Fort Laramie Treaty of 1868. |
Legal Status of Treaties
Three clauses of the Constitution define treaties and agreements with Indian nation as equivalent to national laws to which
states and local government laws must yield. One law describes status of treaties today.
The Supremacy Clause. If you've ever heard the statement about Indian treaties being
"the supreme law of the land," its source is Article VI.
Treaty-Making Powers. The President is empowered to make treaties, as defined in Article II. Section 2.
Indian Commerce. The power to regulate commerce with Indian tribes is defined in Article II. Section 8.
Suspension of Treaty Making - In 1871, Congress suspended further treaty making with tribes. All treaties
ratified up to that date are considered legal and valid, unless otherwise abrogated. (Treaty
abrogation will be a topic of a future Tribal Law Focus.)
For more detailed explanations for each of these, visit the
Analysis and Interpretation of the Constitution by the Library of Congress.
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