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African-Native American Genealogy Forum

Re: Constitutional Change
In Response To: Constitutional Change ()

I am still puzzled as to can a constitutional change undo a treaty?

Usually when you make a change it always affect something else in this case a treaty. Too many changes I am thinking can undo nations that have been established by treaties.

I still feel that the treaty of 1866 cannot be eliminated because of appealing old constitutions.

It actually can't, without declaring that treaty null and void.

However, I have looked into the Cherokee, Chickasaw, and Creek Constitutions, hoping to find a section similar to Article 2, Section 2, and Article 6 in the US Constitution, and found...


So while I don't think they really can, there is no law that says that they can't. However, the leverage had for doing this lies with the US Government. Right now, there is no law or precedent stating that the POTUS has the right to unilaterally declare a treaty null and void. It was argued that since a treaty in the US is the same as passed law, that Congress must have a say in that matter. That case was Goldwater v. Carter, but was thrown out on procedural issues; the merits were never argued.

So what would happen in this case, is that any change in the FCT's constitutions that change citizenship requirements that goes against a treaty inherently calls the entire treaty into scrutiny. That treaty would have to either be upheld, which the US has done previously (see the Nash case), or the entire treaty is declared null and void, meaning that the FCT loses everything while trying to renegotiate.

The changes were already done without renegotiating, so either the treaties are gone, or the changes to the constitutions are invalid as they violate the treaties.

Messages In This Thread

Constitutional Change
Re: Constitutional Change

18 Dec 2002 :: 14 Nov 2008
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