Berg,

The various treaties were executed in English. Most, or at least many, of the Indians who represented their tribes either spoke no English or only a little. Consequently, Justice Marshall established that Indian treaties must be interpreted as a reasonable person would have expected the Indians to understand them. Would a reasonable person conclude that the Indians were knowingly signing treaties intended to screw them? The Justices didn't think so either, and that has influenced treaty cases before the court for over 100 years.

If the actual intent of the treaties was to screw the tribes out of their land, natural resources, and everything else, the proper and legal way to do that is for Congress to pass legislation making it so. And no, of course they won't do it. So that's partly why it is the way it is.

Sg