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African-Native American Genealogy Forum

Re: Constitution Vs. Treaty
In Response To: Constitution Vs. Treaty ()

Can a constitution change override a treaty?

In regards to freedmen, they were (and some free) born into slavery, walked on the Trail of Tears and obtained citizenship according to the 1866 Treaty.

Freedmen were adopted into a tribe and just as equal as Creek by bloods that were born into clans, that had their tribal towns and were federally recognized. Both freedmen and by bloods are equal citizens as it is with the United States citizens, no difference.

The 1866 Treaty applies to freedmen and it said nothing about having to be a Creek by blood to become a citizen of the Creek nation.

The freedmen were adopted into a federally recognized tribe, the Creek nation.

It depends. You'll need to go through the Creek treaty and see if there is a clause in it similar to Article 6 of the US Constitution. If there is, and it says that treaties are supreme law there, then the only thing that can change in their Constitution that can override a treaty is if they change that clause; however, in doing that, that will effectively cancel the treaty the Creek Nation has with the United States, let alone any other Nation or government outside of the Creek Nation.

As is, since they basically have ignored the treaty and not given the Creek Freedmen their citizenship, it is up to the United States to remind them that they are under treaty, and if they do not abide by the terms of that treaty, the treaty will be cancelled, and they will lose all funding and federal recognition for their tribe. If that is a consequence they are willing to pay, they can pay it, but I seriously doubt it.

Messages In This Thread

Constitution Vs. Treaty
Re: Constitution Vs. Treaty

18 Dec 2002 :: 14 Nov 2008
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