African-Native American Genealogy Forum
Re: Constitution Vs. Treaty
In Response To: Constitution Vs. Treaty ()
Can a constitution change override a treaty?
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.
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