An originalist approach may soon protect Native American rights

Published November 27, 2018 5:00am ET



Does the original meaning of an 1868 treaty with the Crow Tribe of Indians still apply today, or do evolving standards and a living Constitution similarly change the meaning of treaties?

As we celebrate the friendship and goodwill between the early Pilgrims and American Indians at this time of year, the Supreme Court will consider the staying power of a treaty between Native Americans and the United States government in Herrera v. Wyoming. And what might protect the rights of Native Americans is the much maligned and much misunderstood concept of originalism, which has received renewed focus due to a Supreme Court nomination this year.

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