Legal Standard

Treaty rights may only be terminated by a clear and explicit act of Congress.
No Act of Congress has ever terminated the Red Bear Pembina treaty rights.

I. Supremacy of Treaties

Under Article VI of the United States Constitution, treaties are the supreme law of the land, binding on all courts and authorities.

Indian treaties are agreements between sovereigns. Under federal law:

  • Rights reserved in treaties remain in force
  • Ambiguities are resolved in favor of the Indigenous party
  • Rights not expressly ceded are retained

II. Standard for Termination

The United States Supreme Court has consistently held that treaty rights cannot be extinguished unless Congress clearly and explicitly does so.

This includes:

  • Treaty rights do not disappear over time
  • Administrative action does not terminate rights
  • Federal recognition status does not control treaty rights

Termination requires a clear statute from Congress

No such statute exists for the Red Bear Pembina treaty rights.

III. Source of Rights

The Red Bear Pembina treaty rights derive from binding federal treaties, including:

  • 1789 Treaty of Fort Harmar
  • 1863 Treaty of Old Crossing (ratified 1864)
  • 1864 Supplemental Articles

These treaties:

  • Recognized the Pembina Band as a sovereign party
  • Established enforceable obligations of the United States
  • Secured rights held by the signatories and their descendants

These treaties remain federal law today.

IV. Non-Cession Under the 1892 Agreement

In 1892, the United States entered into an agreement with the Turtle Mountain Band involving land cession.

However:

  • The Red Bear family did not sign
  • The Red Bear family did not consent
  • The Red Bear family did not cede their rights

Under federal law:

Rights cannot be extinguished as to a non-consenting party

Therefore:

  • No cession occurred for the Red Bear lineage
  • No extinguishment resulted

V. Judicial Recognition (1964–1965)

The United States Court of Claims addressed Pembina-related claims in 1964 and 1965.

The Court confirmed that:

  • Descendant groups remain valid legal claimants
  • Rights persist through identifiable lineage
  • A group of descendants constitutes a proper legal entity for claims

This directly supports the legal standing of the Red Bear lineage.

VI. Limits on Competing Claims

Subsequent federal actions confirmed that:

  • Treaty rights tied to specific signatories are not transferable
  • Rights cannot be assumed by unrelated groups
  • No federal action reassigned Red Bear treaty rights

Relevant proceedings include:

  • 1971 Congressional appropriation framework
  • 1974 litigation involving Pembina-related groups

VII. No Congressional Termination

Congress has terminated certain tribes in specific historical cases.

However:

There is no Act of Congress terminating the Red Bear Pembina treaty rights

Under federal law:

  • Silence does not equal termination
  • Non-recognition does not equal termination
  • Administrative actions do not equal termination

VIII. Present Legal Status

Based on controlling law:

  • The rights were not ceded
  • The rights were not terminated
  • The rights remain tied to an identifiable lineage
  • The rights cannot be claimed by unrelated entities

IX. Conclusion

The legal conclusion is clear:

The Red Bear Pembina treaty rights remain valid, enforceable, and unextinguished under federal law.

They continue in force unless and until Congress expressly terminates them.