Harvard Law Review has published “Indian Canon Originalism.”
From the article:
Indian treaties are “quasi-constitutional” documents. So why not read them like constitutions? In fact, scholars of Indian law have urged federal judges to interpret Indian treaties “in the same manner as [they do] constitutional provisions.” But no scholar has ever explained how the principles of constitutional interpretation would actually apply to an Indian treaty — and whether those principles might change in that new environment. This Note attempts to do just that.