Other Free Encyclopedias » Law Library - American Law and Legal Information » Free Legal Encyclopedia: National Environmental Policy Act of (1969) to Notice » Native American Rights - Tribal Sovereignty, Treaty Rights, Reserved Rights Doctrine, Federal Power Over Native American Rights, Hunting And Fishing Rights

Native American Rights - Reserved Rights Doctrine

treaties tribe treaty grant

Another crucial factor in the interpretation of Native American treaties is what is known as the reserved rights doctrine, which holds that any rights that are not specifically addressed in a treaty are reserved to the tribe. In other words, treaties outline the specific rights that the tribes gave up, not those that they retained. The courts have consistently interpreted treaties in this fashion, beginning with United States v. Winans, 198 U.S. 371, 25 S. Ct. 662, 49 L. Ed. 1089 (1905), in which the U.S. Supreme Court ruled that a treaty is "not a grant of rights to the Indians, but a grant of rights from them." Any right not explicitly extinguished by a treaty or a federal statute is considered to be "reserved" to the tribe. Even when a tribe is officially "terminated" by Congress, it retains any and all rights that are not specifically mentioned in the termination statute.

Native American Rights - Federal Power Over Native American Rights [next] [back] Native American Rights - Treaty Rights

User Comments

Your email address will be altered so spam harvesting bots can't read it easily.
Hide my email completely instead?

Cancel or

Vote down Vote up

about 6 years ago

I am Lummi, and over 60 winters. when I was a little boy in the early 1950's I listened to our elder women and grand fathers with white hair and some of the women had white braids, they would speak Indian and laugh, the knew our language, our Lummi language,
Su' nilh-s kwenes Schelange.

This is our inheritance, our gift from our creator. Our languages, our territory, the San Juan Islands has been our place or origin, not Alaska, Japan, or any other country.

I draw and rest upon the teachings of our ancestor's, whom knew what the Inherent rights was, coming from our creator, not the United States government.

To define the inherent, could you benefit from an old Indian, who know the Language of our ancestors?

If I was a non native with a PHD, you would talk to me then, or listen to me from the courts bench of authority.

Western European credentials speak before the people who spoke only our languages, before xwenitem-qen