Treaties, Sovereignty, and the Federal Trust Relationship

Every treaty ever made between the federal government and Native nations (over 500) consists of three important points:

1. Native tribes being recognized as sovereign nations with land;
2. Native tribes being forced or coerced to “give up” land;
3. in exchange for being provided the same or similar resources for all time to continue the tribe’s existence.

New borders and behavior of tribal members were also negotiated. Remember, every treaty has been broken by the U.S. federal government. The rights, protections, and services provided by the United States to individual American Indians and Alaska Natives come from their enrollment in a federally recognized tribe. Federally recognized tribes have a government-to- government relationship with the U.S. The "trust relationship" has certain legally enforceable obligations and responsibilities from the U.S. federal government to enrolled tribal members.

Treaties, Sovereignty, and the Federal Trust Relationship

Treaties between Native nations and the United States are central to understanding American Indian history and present-day Native struggles. Over 500 treaties were made between Native nations and the U.S. federal government. Each treaty followed a similar structure. First, Native tribes were recognized as sovereign nations with land. Second, tribes were forced or coerced to give up large portions of that land. Third, in exchange, the federal government promised to provide resources and protections for all time so tribes could continue to exist. Although these treaties are considered the “supreme law of the land” under the U.S. Constitution, every treaty has been broken by the federal government. This reality reveals a long history of injustice, broken promises, and ongoing violations of Native sovereignty.

The first important point of treaties is the recognition of Native tribes as sovereign nations. This recognition is very important because it confirms that Native nations existed as political and legal entities long before the United States was formed. Native nations had their own governments, laws, economies, and systems of land stewardship. They were not ethnic groups seeking inclusion into the U.S. political system. They were already nations. By signing treaties, the U.S. government acknowledged this sovereignty. However, this recognition was often ignored in practice. While sovereignty was recognized on paper, Native nations were rarely treated as equals.

The second point of treaties involved land loss. Native tribes were forced or pressured to give up vast amounts of land. These agreements were often made under extreme conditions. Tribes faced military violence, starvation, broken promises, and threats to their survival. Many treaties were signed when tribes had little choice. In many cases, Native leaders were misled about the terms of the agreements or were promised protections that were never delivered. As a result, Native nations lost millions of acres of land that had sustained their people for generations. This land loss disrupted Native economies, cultures, and spiritual relationships to place.

Land is not just property for Native people. Land is tied to identity, culture, and survival. It holds sacred sites, burial grounds, food sources, and histories. When land was taken, Native people lost access to these vital resources. The loss of land also meant the loss of political power and independence. Without land, it became easier for the federal government to control Native nations. This control continues today through federal policies and restrictions placed on tribal lands.

The third point of treaties promised resources and services in exchange for land. These promises included food, housing, healthcare, education, and protection. The treaties stated that these services would be provided “for as long as the grass grows and the rivers flow.” This language shows that treaties were meant to be permanent agreements. However, the federal government repeatedly failed to meet these obligations. Rations were withheld. Healthcare was underfunded. Education systems were used as tools of assimilation instead of support. These broken promises caused widespread suffering and poverty in Native communities.

The federal trust relationship developed out of these treaties. This relationship is described as a government-to-government relationship between federally recognized tribes and the United States. Under this system, the federal government positioned itself as a “guardian,” while Native nations were treated as “wards.” This framing created a paternalistic system. Native people were treated like children who could not manage their own affairs. This idea justified federal control over Native land, resources, and governance.

The trust relationship includes legal obligations that are supposed to protect Native interests. In theory, the federal government has a responsibility to act in the best interest of tribes. In reality, this relationship has often been used to limit Native self-determination. Federal agencies control land held in trust. They regulate how resources are used. They can delay or deny tribal decisions. This control undermines tribal sovereignty and reinforces dependence on the federal government.

Enrollment in a federally recognized tribe is also tied to this system. The rights, protections, and services provided to individual American Indians and Alaska Natives come from their enrollment status. This means that Native identity is often defined through federal recognition. Tribes that are not federally recognized are excluded from these protections. This creates divisions among Native peoples and places the power to define Native identity in the hands of the federal government rather than Native communities themselves.

Federal recognition should not determine whether a people exist. Native nations existed long before U.S. recognition. However, the current system forces tribes to seek validation from the same government that displaced them. This process is long, expensive, and deeply political. Many tribes have spent decades trying to gain recognition, often without success. This shows how colonial systems continue to control Native existence.

The breaking of treaties also affects land, water, and mineral rights today. Many legal battles involving pipelines, dams, mining, and water access are rooted in treaty violations. Tribes are often forced to go to court to defend rights that were already guaranteed. This legal process is slow and costly. Even when tribes win, enforcement is not always guaranteed. This places an unfair burden on Native nations to constantly defend their rights.

Despite these challenges, Native nations continue to resist. Tribes fight in courts, organize protests, and build coalitions with other social justice movements. Movements like Red Power, Standing Rock, and LANDBACK show that Native people are not passive victims. They are active agents working to protect their lands, cultures, and futures. These movements emphasize sovereignty, self-determination, and collective responsibility.

Understanding treaties helps change how we view U.S. history. Treaties show that Native nations were not conquered or absorbed. They were negotiated with, even if unfairly. This means the United States has ongoing legal and moral obligations to Native peoples. Recognizing this truth challenges dominant narratives that frame colonization as inevitable or justified.

In conclusion, treaties are not relics of the past. They are living agreements that continue to shape Native life today. The recognition of sovereignty, the forced loss of land, and the broken promises of resources reveal a system built on injustice. The federal trust relationship, while presented as protective, has often limited Native freedom and self-governance. Understanding treaties helps us see the importance of honoring Native sovereignty and supporting Native-led movements for justice. True accountability requires respecting treaties, returning land, and allowing Native nations to define their own futures.

Works Cited

Leal, Melissa, and Tamara Cheshire. American Indian Studies. ASCCC Open Educational Resources Initiative, CC BY-NC 4.0.

Wilkins, David E., and Heidi Kiiwetinepinesiik Stark. American Indian Politics and the American Political System. Rowman & Littlefield, 2011.