Amicus Curiae Brief of the Director of the Tribal Justice Clinic of the Indigenous Peoples Law and Policy Program in Aguayo v. Jewell, No. 16-660, 2016 U.S. S. Ct. Briefs LEXIS 4693 (Dec. 19, 2016).

Treaty making persisted as the principal method of dealing with tribal governments until 1871, when Congress terminated the process, instead granting the authority to govern Indian affairs to itself, via legislation. United States v. Kagama, 118 U.S. 375, 382 (1886); Ex Parte Crow Dog, 109 U.S. 556 (1883); See also, e.g., The Cherokee Tobacco, 78 U.S. 616, 618 (1870) (holding that a “treaty may supersede a prior act of Congress and an act of Congress may supersede a treaty.”).  In 1871, Congress passed the General Allotment Act (GAA), the purpose of which was to convert individual Indians into farmers.  Larry A. DiMatteo & Michael J. Meagher, Broken Promises: The Failure of the 1920’s Native American Irrigation and Assimilation Policies, 19 U. Haw. L. Rev. 1, 1-2 (1997) (“The [GAA] had as its philosophical mandate the creation of the Indian farmer.”).

Amicus Curiae Brief of the Director of the Tribal Justice Clinic of the Indigenous Peoples Law and Policy Program 12, Aguayo v. Jewell, No. 16-660, 2016 U.S. S. Ct. Briefs LEXIS 4693 (Dec. 19, 2016).