Supreme Court affirms plenary power in Lone Wolf v Hitchcock case

During a recent government meeting in Missoula, Professor Dave Beck presented a compelling discussion on the historical and legal framework surrounding Native American rights, particularly focusing on the concept of "plenary power" as it relates to Congress's authority over Indigenous tribes. This topic is especially relevant as communities continue to grapple with the implications of historical treaties and their enforcement.

Beck explained that plenary power allows Congress to make decisions regarding Native American tribes with minimal restrictions. This power was notably affirmed in the early 1900s Supreme Court case, Lone Wolf v. Hitchcock. In this case, a tribe in Oklahoma had a treaty stipulating that any land sales required the approval of three-quarters of its members. However, the U.S. government proceeded to allot land without obtaining this necessary consent, even resorting to forging signatures. Despite clear violations of the treaty, the Supreme Court ruled in favor of Congress, establishing that the government could act without tribal approval if it aligned with congressional interests.

This ruling has had lasting effects on tribal sovereignty and continues to influence legal decisions regarding Native American rights today. Beck emphasized that the case illustrates a troubling precedent where the government can prioritize its objectives over the rights of Indigenous peoples, raising ongoing concerns about fairness and justice in the treatment of tribes.

The discussion highlighted the importance of understanding these historical contexts as Missoula and other communities work towards reconciliation and support for Indigenous rights. As local residents engage with these issues, the implications of plenary power remain a critical topic for fostering dialogue and promoting awareness of Native American history and rights within the community.

In conclusion, the meeting underscored the need for continued education and advocacy surrounding Indigenous issues, as the legacy of decisions like Lone Wolf v. Hitchcock continues to shape the relationship between the U.S. government and Native American tribes.