Treaty clause

Definition

The treaty clause refers to the provision in the U.S. Constitution that grants the federal government the exclusive authority to enter into treaties with foreign nations and Native American tribes. This clause is significant because it establishes a legal framework for the relationship between the federal government and Native American tribes, recognizing their status as distinct political entities. Through this clause, treaties have historically served as a primary means of defining rights, obligations, and governance in tribal affairs.

5 Must Know Facts For Your Next Test

1. The treaty clause is found in Article II, Section 2 of the U.S. Constitution and requires two-thirds of the Senate to ratify treaties.
2. Historically, treaties with Native American tribes were used to establish peace, land rights, and trade agreements, often reflecting the power dynamics between tribes and the federal government.
3. The U.S. Supreme Court has ruled that treaties with Native American tribes are considered the supreme law of the land under the Supremacy Clause.
4. Many treaties made with Native American tribes have been violated or ignored by the federal government over time, leading to ongoing disputes and struggles for tribal rights.
5. The treaty clause has been instrumental in shaping tribal sovereignty, allowing tribes to assert their rights and engage in negotiations with the federal government.

Review Questions

• How does the treaty clause shape the relationship between the federal government and Native American tribes?
  • The treaty clause shapes this relationship by granting the federal government the exclusive power to negotiate treaties with Native American tribes. This legal framework recognizes tribes as distinct political entities with whom the government can establish formal agreements. Treaties often define rights and obligations, influencing governance structures and resource management within tribal nations.
• What are some historical implications of treaties made under the treaty clause for Native American tribes?
  • Treaties made under the treaty clause have had significant historical implications for Native American tribes. While many treaties were initially intended to ensure peace and define land rights, they have frequently been violated by the federal government. This has led to loss of land, resources, and autonomy for tribes, as well as ongoing legal battles over treaty enforcement and recognition of rights.
• Evaluate how the treaty clause has evolved in its interpretation and application within federal Indian law.
  • The interpretation and application of the treaty clause have evolved significantly within federal Indian law. Initially seen as a means of establishing relationships between sovereign nations, its implementation has been inconsistent, often reflecting broader socio-political contexts. Over time, courts have reinforced its importance through rulings that affirm treaties as legally binding documents, but challenges remain regarding enforcement and adherence to treaty obligations. This evolution highlights tensions between tribal sovereignty and federal authority, influencing contemporary discussions about indigenous rights.

Related terms

Sovereignty: The authority of a state or governing body to govern itself or another state; in the context of Native American tribes, it refers to their ability to self-govern and make decisions independent of federal or state control.

Indian Removal Act: A law passed in 1830 that authorized the forced relocation of Native American tribes from their ancestral homelands to designated 'Indian Territory' in the west, often resulting in significant suffering and loss.

Federal Trust Responsibility: The legal obligation of the federal government to protect tribal sovereignty and provide for the welfare of Native American tribes, arising from treaties and historical relationships.