Article 1: If bad men subject to the authority of the United States commit any wrong upon the person or property of the Indians, the United States will cause the offender to be arrested and punished.
Article 2: The United States agrees that the 1868 Treaty Territory (outlined in yellow below) shall be set apart for the “absolute and undisturbed use and occupation of the Indians herein named.”
Article 12: No treaty for the cessation of any portion or part of the 1868 Treaty Territory shall be valid unless executed and signed by at least three-fourths (3/4) of all adult male Indians occupying or interested in the same.
United States Constitution:
Article VI: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” (Bold emphasis added)
The Constitution does not contain any provision authorizing the President, Congress, or the Supreme Court to abrogate a treaty, so long as the treaty does not violate the Constitution.
“Great nations, like great men,
should keep their word.”
-U.S. Supreme Court Justice Black, Fed. Power Comm’n. v. Tuscarora Indian Nation, 362 U.S. 99 (1960) (dissenting)