Why Treaties Matter | NPR

NPR

22 Nov 201705:20

Summary

TLDRThis transcript discusses the importance and ongoing relevance of treaties between Native American nations and the U.S. government. It emphasizes that treaties are agreements between sovereign nations, not 'special rights' granted to indigenous peoples. The speaker highlights that many treaties have been broken but remain legally valid as the 'supreme law of the land' under the U.S. Constitution. The transcript also points out the lack of public understanding about treaties and calls for better education on the subject. The Dakota Access Pipeline is cited as a modern example of treaty violations.

Takeaways

📜 **Treaties as Agreements**: Treaties are fundamental agreements between sovereign nations, including over 300 made by the U.S. with American Indian Nations.
🌎 **Sovereignty Assertion**: The U.S. used treaties with Native Nations to assert its sovereignty and gain recognition from other countries post-independence.
🤔 **Misconceptions**: There's a common misunderstanding that treaties granted special rights to indigenous nations, when in fact, they often involved Native Nations giving rights to the U.S.
🏡 **Land Rights**: Treaties often involved Native Nations relinquishing land and resource rights for the preservation of their way of life.
📚 **Educational Oversight**: There's a lack of understanding that many people live on land where they have rights due to treaties granted by Native Nations.
🏞️ **Relationship Rights**: The rights reserved in treaties are not just property rights but also relationship rights to land, water, and the environment, deeply rooted in cultural traditions.
🛡️ **Protective Role of Treaties**: Treaties have been a tool for indigenous nations to resist forces that sought to erase their presence from the continent.
📉 **Broken Promises**: Many treaties have been broken, and there's a push to disregard them as outdated, despite their ongoing relevance.
🏛️ **Supreme Law**: The U.S. Constitution recognizes treaties as the supreme law of the land, equating their status with that of the Constitution itself.
🔄 **Relevance and Reciprocity**: Treaties are not just historical documents but living, relevant agreements that require mutual respect and adherence from both parties.
🌐 **Modern Violations**: Instances like the Dakota Access Pipeline highlight ongoing treaty violations and the need for recognition of treaty rights in contemporary issues.
📘 **Educational Reform**: There's a call for educational curriculums that accurately represent the nature and significance of Indian Treaties, similar to how the U.S. Constitution is taught.
👵 **Honoring Ancestors**: The responsibility to honor the ancestors who negotiated treaties for cultural and lifestyle protection is a daily reminder for indigenous people.
🌿 **Living Documents**: Treaties are considered living documents because indigenous tribes continue to uphold and breathe life into their terms and promises.

Q & A

What is the fundamental nature of a treaty?
-A treaty is fundamentally an agreement between two nations, specifically made between sovereign governments.
How many treaties has the U.S. made with American Indian Nations?
-The United States has made more than 300 treaties with American Indian Nations.
What was one of the reasons the U.S. made treaties with Native Nations?
-The U.S. made treaties with Native Nations as a way to assert its sovereignty and demonstrate to other countries, like Britain and Europe, that it had the authority to make such agreements.
What is the common misconception about the purpose of treaties with indigenous nations?
-The common misconception is that treaties gave status, standing, or land to indigenous nations. In reality, they were largely agreements where native nations gave rights to the United States.
How do treaties relate to the rights of people living in the U.S.?
-Many people may not realize that wherever they live, there's likely a treaty that grants them the right to live there, rights that were granted by native nations.
What did native nations often relinquish in treaties?
-Native nations often relinquished the majority of their land rights, land holdings, and resource holdings in treaties.
How are the rights reserved in treaties typically defined by U.S. courts?
-The rights reserved in treaties are more easily defined by U.S. courts as property rights.
What is a more accurate way to define the rights reserved in treaties according to indigenous perspectives?
-From an indigenous perspective, the rights are better defined as relationship rights to the land, water, and all the beings that they hunt, fish, and share the world with.
Why are treaties still important today?
-Treaties are important today because they are living documents that tribes continue to breathe life into, and they help protect indigenous peoples from forces that would like to erase them from the continent.
How does the U.S. Constitution view treaties?
-The U.S. Constitution recognizes that once a treaty is signed and ratified by the Senate, it becomes the 'supreme law of the land,' meaning it is as alive and relevant as the Constitution itself.
What is a real-world example of treaty violations in recent times?
-The Dakota Access Pipeline is an example of a violation of the 1868 and 1851 treaties of the United States with the Lakota Nation at Standing Rock, demonstrating that treaty violations are still a present concern.
What is the role of non-native peoples in relation to treaties?
-Non-native peoples are treaty partners, and as descendants of the treaty signers, they have a responsibility to uphold and respect the agreements made.
Why is it important to include accurate information about treaties in educational curriculums?
-Including accurate information about treaties in educational curriculums is important to reflect the reality of what an Indian Treaty is, to educate about shared history, and to promote mutual respect among all parties involved.
How do indigenous people view the treaties negotiated by their ancestors?
-Indigenous people view the treaties negotiated by their ancestors as a responsibility and a way of life, honoring those who fought to protect their culture and way of life.

Outlines

00:00

📜 Understanding Treaties with Native Nations

The paragraph discusses the concept and importance of treaties between the United States and Native American Nations. Treaties are agreements between sovereign governments, and the U.S. has made over 300 such treaties with Native Nations. These treaties were a way for the U.S. to assert its sovereignty after winning its independence from Great Britain. Contrary to popular belief, treaties are not about granting rights to Native Nations but rather Native Nations granting rights to the U.S., often at the cost of their own land and resources. The paragraph emphasizes that these treaties are not just historical documents but are still relevant and legally binding today, as they are recognized by the U.S. Constitution as the supreme law of the land. The speaker suggests that the disregard for treaties and the desire to erase their history is a mistake, as they are essential to understanding the rights and relationships between Native Nations and the U.S.

Mindmap

Keywords

💡Treaties

Treaties are formal agreements between two sovereign entities, often nations. In the context of the video, treaties are agreements made between the United States and Native American tribes. The video discusses how these treaties were not merely for the benefit of the tribes but were used by the U.S. to assert its sovereignty to other nations. Treaties are portrayed as a means through which Native American tribes granted rights to the U.S., rather than receiving special rights themselves.

💡Sovereignty

Sovereignty refers to the full right and power of a governing body to govern itself without any interference from outside sources. The video explains that the U.S. sought to establish its sovereignty by making treaties with Native American nations, which was a way to demonstrate to other countries that the U.S. had the authority to make such agreements.

💡Indigenous Nations

Indigenous Nations refers to the native tribes that have lived in the Americas since well before European contact. The video script emphasizes that these nations are the original inhabitants of the land and that treaties were often made with them to legitimize U.S. claims to land and sovereignty.

💡Land Rights

Land Rights denote the legal rights to use, develop, or control land. The video discusses how Native American nations gave up a significant portion of their land rights in treaties with the U.S. in exchange for the right to preserve their way of life.

💡Property Rights

Property Rights are the rights of an individual to own, use, enjoy, and dispose of property. The video mentions that the U.S. courts often define the rights reserved for Native American nations in treaties as property rights, but these rights are more meaningfully understood as relationship rights to the land and its resources.

💡Relationship Rights

Relationship Rights refer to the deep cultural and spiritual connections that indigenous people have with the land, water, and other natural resources. The video script suggests that these rights are not just about ownership but about the ongoing relationship and responsibilities towards the land and its beings.

💡Supreme Law of the Land

The term 'Supreme Law of the Land' refers to the U.S. Constitution and laws made in accordance with it. The video script points out that treaties, once ratified, become part of this supreme law, implying that they are as binding and significant as the Constitution itself.

💡Living Documents

Living Documents are documents that continue to have relevance and applicability over time. The video argues that treaties are living documents because they continue to be relevant and are upheld by the tribes, even though they were made in the past.

💡Dakota Access Pipeline

The Dakota Access Pipeline is a controversial oil pipeline project that the video uses as an example of treaty violations. It illustrates how the construction of the pipeline was seen as a breach of the 1868 and 1851 treaties with the Lakota Nation, demonstrating that treaty rights are still relevant today.

💡Treaty Partners

Treaty Partners refers to the parties involved in a treaty agreement. The video script emphasizes that non-native people are also treaty partners, being descendants of those who signed the treaties on behalf of the U.S., and thus have a responsibility to uphold and respect the treaties.

💡Education

Education in the context of the video refers to the need for accurate and inclusive curriculum that reflects the reality of treaties and their significance. It is suggested that education about treaties should be as integral to the curriculum as education about the U.S. Constitution and government.

Highlights

Treaties are agreements between sovereign nations.

The U.S. has made over 300 treaties with American Indian Nations.

Treaties helped the U.S. assert its sovereignty after winning independence.

The common misconception is that treaties gave status or land to indigenous nations.

Treaties are often viewed as 'special rights' for indigenous people, which is incorrect.

Many people are unaware that treaties grant them the right to live where they do.

Indigenous nations often gave up land and resources for the right to preserve their way of life.

Treaty rights are defined by U.S. courts as property rights, but are better understood as relationship rights.

Treaties have helped indigenous nations resist forces that would erase them from the continent.

It's difficult to find a treaty that has been fully upheld and implemented from the indigenous perspective.

Some disregard treaties as outdated, broken, or irrelevant.

The U.S. Constitution recognizes treaties as the supreme law of the land.

Treaties are living documents that exist and transcend generations.

Questioning the relevance of treaties implies a disregard for the land's original custodians.

The Dakota Access Pipeline is a recent example of treaty violations.

Treaties are a two-way street, representing a shared history and mutual respect.

Non-native people are treaty partners, descendants of the treaty signers.

Educational curriculum should accurately reflect the reality of what an Indian Treaty is.

The ancestors who negotiated the treaties were protecting future generations' culture and way of life.

Treaties are living documents because tribes continue to uphold and remember their terms.