Abstract
This Note critically examines the Indian canons of construction as interpretive tools employed by the United States Supreme Court in cases involving treaties and statutes with Tribal Nations. Ultimately tracing their origins to Worcester v. Georgia, this Note explores how the Indian canons were designed to protect tribal sovereignty, ensure the liberal construction of ambiguous provisions in favor of tribes, and prevent the abrogation of tribal land and rights. Shifts in interpretive philosophy and the rise of textualism have led to a checkered application of the Indian canons across courts. However, a continued application of the Indian canons is necessary to safeguard the very rights they were designed to protect. A consistent application is not up to the courts alone but also falls on Tribal Nations and the federal government.
Recommended Citation
Amelia R. Wimmer,
Reading Between the Treaties: Why the Supreme Court Must Honor the Indian Canons of Construction,
14 Am. Indian L.J.
(2026).
Available at: https://digitalcommons.law.seattleu.edu/ailj/vol14/iss2/7
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