Lone Wolf v. Hitchcock

This United States (US) Supreme Court case, argued on October 23, 1902 and decided on January 5, 1903, held that the US Congress does have the right to pass legislation that changes the terms of tribal treaties without the necessary consent of the tribes with whom the treaties were made. The petitioner in this case, Lone Wolf (representing members of the Kiowa, Comanche, and Apache tribes) appealed a decision from the court of appeals from the District of Columbia. The petitioner claimed that the Medicine Lodge treaty of 1867 with the Kiowa and Comanche tribes was violated when Congress passed bills modifying the treaty without the consent of three fourths of the adult male members of the tribes, per the specifications of the treaty. In their decision on the appeal, the US Supreme court noted its view that Indigenous people are “wards” of the US Government, requiring resources, protection, and management/governance. The decision cites Cherokee Nation v. Hitchcock (1902) which “held that full administrative power was possessed by Congress over Indian tribal property.” Further, the Court held that they could not limit the powers of Congress to control tribal lands as in the event of an emergency or urgent situation, Congress would not be able to wait for tribal consent and that acts of Congress are legislative in nature and not “subject to the control of the courts.” The Supreme Court affirmed, and Justice White delivered the opinion of the court.https://commons.und.edu/indigenous-gov-docs/1208/thumbnail.jp