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Doctrine

canons of construction

Courts read ambiguous treaties in favor of tribes and as the Indians would have understood them, rules the Supreme Court has repeated for more than a century.

Definition
Interpretive rules favoring tribes: ambiguities resolved for Indians; treaties read as the Indians understood them.

What happened

Federal courts use special rules to read treaties and statutes involving Native nations. They are called canons of construction.

In Winters v. United States (1908), the Supreme Court wrote: "By a rule of interpretation of agreements and treaties with the Indians, ambiguities occurring will be resolved from the standpoint of the Indians." In United States v. Winans (1905), the Court reasoned that the treaty "was not a grant of rights to the Indians, but a grant of right from them,—a reservation of those not granted."

Minnesota v. Mille Lacs Band (1999) restated the rules: "Indian treaties are to be interpreted liberally in favor of the Indians," and the Court interprets them "to give effect to the terms as the Indians themselves would have understood them." The Court there held that the Chippewa kept the hunting, fishing and gathering rights of an 1837 treaty, despite an 1850 executive order, an 1855 treaty and Minnesota statehood.

The canons also apply to laws ratifying agreements. In Antoine v. Washington (1975), the Court said that the wording of treaties and statutes ratifying agreements with the Indians is not to be construed to their prejudice. In Bryan v. Itasca County (1976), it described the canons as applicable to statutes claimed to terminate Indian immunities.

Summarized with AI assistance from 5 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error

What the sources say, and how this was checked

Well supported by the sources below.

  1. ambiguities occurring will be resolved from the standpoint of the IndiansWinters v. United States, 207 U.S. 564 (1908), Cornell LII
  2. the treaty was not a grant of rights to the Indians, but a grant of right from themUnited States v. Winans, 198 U.S. 371 (1905), Cornell LII
  3. Indian treaties are to be interpreted liberally in favor of the IndiansMinnesota v. Mille Lacs Band of Chippewa Indians, 526 U.S. 172 (1999), Cornell LII
  4. we interpret Indian treaties to give effect to the terms as the Indians themselves would have understood themMinnesota v. Mille Lacs Band of Chippewa Indians, 526 U.S. 172 (1999), Cornell LII
  5. the application of canons of construction applicable to congressional statutes claimed to terminate Indian immunitiesBryan v. Itasca County, 426 U.S. 373 (1976), Cornell LII

Research notes. The reasons the canons exist are not stated in the pages opened, so none are given. Worcester v. Georgia was opened but no canon passage was quoted from it. Critiques and limits on the canons (for example how weakly some courts apply them) were not opened.

Who is doing the work

Native legal and land defense, nationally

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Connections

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Sources

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Kind
Doctrine
Confidence
Medium

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