treaty rights

What is the name of your state (only U.S. law)? north dakota can a treaty that was made between a tribe and the goverenment that required 50 per cent of the adult males in order to aprove it, be later changed by the tribal constitution that only requires 20 per cent of the population to vote.

native1 said:

What is the name of your state (only U.S. law)? north dakota can a treaty that was made between a tribe and the goverenment that required 50 per cent of the adult males in order to aprove it, be later changed by the tribal constitution that only requires 20 per cent of the population to vote.

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It depends.

You need to explain more. Are we talking the inner tribes workings when interpreting the treaty or subsequent negotiations with the government, by the tribe, on treaty modifications?

i ma talking about section v1 of the turtle mountain treaty that says all tribal members willbe given the same benifits requardless of the fact if they are a resident member or non-resident member. vs, the tribal constition that was drawn up 30 years later that reduced voting rights and many other right for non-resident members. they put that clause into the treaty because there was note enough land for all tribal members.

Looking back at history, the tribe was forced to make changes due to its growth. The modification (Constitution) was ratified by those eligible to vote at the time. This means they voted to agree to the changes. The terms laid out in the treaty were unsustainable. One of the modifications to the constitution, over time, was the requirement, with a few exceptions such as college or US armed forces service, that those voting reside on tribal lands. The tribal government overseas those living in the area. Limiting voting power, to those directly effected by the vote, is only logical. District Representatives are voted to council, by each of the four political subdivisions. I have provided a few links you may not have, where I determined this answer. Yes, what they did is legal, because it has consistently been voted on, by those eligible to vote.

Information on Chippewa Indians, Turtle Mountain Reservation

http://tmbci.net/PDF/Constitution.pdf

thanks for the reply, i am sure that you are right but it dont seem very fair!

native1 said:

thanks for the reply, i am sure that you are right but it dont seem very fair!

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Seems fair and legal to me...