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Treaty Resources
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.

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.

Noteworthy Treaties Online
We obviously would not list every single treaty here, so here are some noteworthy treaties.
Oneida Nation Treaties Project - Of current news interest, the project includes treaties with the Six Nations of the Iroquois Confederacy. See Oneida Nation v New York State (4/26) and Quakers reach out in New York (4/26).

Ojibwe Treaties - Central to the successful litigation of Ojibwe fishing and hunting rights are a series of treaties signed in the 1800s. See Ojibwe fishing to have no effect on non-Native catch (4/6)

Neah Bay Treaty of 1855 - Makah leaders were wise enough to secure whale hunting as a right. Today, their descendants can exercise that right. See Makah whale hunt begins (4/18)

Point Eliott Treaty of 1855 - The Snoqualmie ceded their lands to the US by this treaty and regained federal recognition in 1999. The Nooksack also signed the treaty and their hunting rights were the subject of recent case. See Tribal hunting case ends (4/24)

Medicine Creek Treaty of 1855 - For Northwest Coast tribes, the treaty became the focus of their successfull fishing rights suit in the 1970s. See Treaty rights heat up (4/14)

Navajo Nation Treaty of 1868. This treaty was most recently applied in a jurisdiction case involving Russell Means. See The Navajo Nation and Russell Means (Top Story 1999)

Fort Laramie Treaty of 1868 - One of the most well known treaties, it recognizes the Black Hills as part of the Great Sioux Nation.

Understanding Treaties
Treaty Rights - Understanding the Conflict - Provide a good overview of the significance of treaties and treaty rights.
Chippewa Treaty Rights - Another Great Lakes-centric site, but with useful information.

Resources
Indian Affairs: Laws and Treaties contains links to every treaty. A must bookmark.
Indian Law Documents at FindLaw.
 

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