"Plenary authority over the tribal relations of the Indians has been exercised by Congress from the beginning, and the power has always been deemed a political one, not subject to be controlled by the judicial department of the government.***"

In addition, Supreme Court jurisprudence has consistently held that Congress has plenary authority over Indian affairs.

"The power exists to abrogate the provisions of an Indian treaty, though presumably such power will be exercised only when circumstances arise which will not only justify the government in disregarding the stipulations of the treaty, but may demand, in the interest of the country and the Indians themselves, that it should be so. When, therefore, treaties were entered into …

—the power "has always been deemed a political one, not subject to be controlled by the judicial department of the government" (

But by 1904, the Supreme Court had declared that Congress had plenary authority over relations with Native Americans, so Congress no longer needed tribal approval to change reservation boundaries.

—noted that Congress had exercised plenary power over tribal relations “from the beginning,” and so Indian affairs “were solely within the domain of legislative authority.”

—whether ratification of the amended Agreement, which had not received the approval of three-fourths of the adult male Indians, was appropriate, and concluded that it was:'It appearing, therefore, that more than three-fourths of the male adult Indians signed the original treaty, that more than a majority were willing to sell at a less (sic) price than provided in this bill, and fact …

That reservation Indians are "wards of the Nation" under the guardianship of the United States government, and the superior court is without power to declare a termination of this relationship

This policy shift and its corollary acts—such as coercive assimilation—were carried out without so much as the pretense of tribal consent.

Congress has the power to unilaterally abrogate treaty rights granted by treaty, although usually it must clearly express its intent to do so