The relationship between Native nations and the United States is often described as nation-to-nation. This phrase captures a fundamental truth: Native nations are governments, and their dealings with the United States rest on a government-to-government footing. Treaty rights, many of them rooted in agreements made long ago, remain part of this living relationship today.
What nation-to-nation means
The nation-to-nation relationship reflects the status of Native nations as sovereign political communities. When the United States made treaties with Native nations, it did so as one government dealing with another. Although Congress ended the making of new treaties in 1871, the relationship those treaties expressed did not end, and existing treaties remain in force.
Today, the federal government engages with Native nations through consultation and cooperation on matters that affect them. Recognizing tribes as governments, rather than as mere interest groups or ethnic communities, is central to this approach.
Treaty rights that endure
Many rights guaranteed by treaty remain legally significant. These can include rights to hunt, fish, and gather in certain areas; rights related to water; and the protection of reserved lands. Because ratified treaties carry the force of supreme law under the Constitution, courts continue to interpret and enforce these rights.
In interpreting treaties, courts have developed principles that favor the understanding Native signers would have had at the time, recognizing the unequal circumstances under which many treaties were made. This approach acknowledges that treaty language should not be read narrowly against the nations that signed.
Ongoing disputes and affirmations
Treaty rights are not merely historical. They are regularly at issue in modern disputes over natural resources, land, and jurisdiction. Courts have, in various cases, affirmed that treaty promises must be honored, reminding governments and citizens alike that these agreements carry lasting obligations.
At the same time, Native nations continue to assert their rights through legal action, negotiation, and advocacy. The struggle to see treaty promises kept is an ongoing part of the nation-to-nation relationship.
A relationship for the present and future
The nation-to-nation relationship is not a formality but a framework for how Native nations and the United States interact today. Understanding it helps make sense of why nineteenth-century treaties like those at Fort Laramie still matter and why treaty rights remain a vital concern. To read more, see our articles on the Constitution and treaties and why the 1851 treaty still matters, or explore the native sovereignty category.
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