Investor Presentaiton
CANONS OF TREATY CONSTRUCTION
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I Reserved Rights Doctrine: "[N]ot a grant of rights to the Indians, but a grant of rights from them -
a reservation of those not granted. " United States v. Winans, 198 U.S. 371, 381 (1905).
I Basic Canon: "[T]he treaty must therefore be construed, not according to the technical meaning
of its words to learned lawyers, but in the sense in which they [sic] would naturally be
understood by the Indians." Jones v. Meehan, 175 U.S. 1, 11 (1899).
I Basic Canon: Ambiguous expressions in treaties to be resolved in favor of the Indians.
McClanahan v. Arizona State Tax Comm'n, 411 U.S. 164, 174 (1973); Winters v. United States,
207 U.S. 564, 576-77 (1908).
I Basic Canon: Treaties be construed liberally to favor Indians. Antoine v. Washington, 420 U.S.
194,200 (1975); Choate v. Trapp, 224 U.S. 665, 675 (1912).View entire presentation