So that’s the basis of one argument. That Congress cannot implicitly nullify a treaty, and cannot unilaterally declare people to be subjects (as opposed to foreign nationals.) That’s another basis of the argument – by ceding territory and signing a treaty in 1868 with the Sioux, congress acknowledged that the Sioux were not American subjects, and so could not have ever passed the 1877 Agreement.
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A lot of the conflict seems to come from the idea of implicit nullification. Congress cannot take away the right of future congresses to legislate, etc. That requires a constitutional amendment. So if a later Congress votes in a law which contradicts an earlier law, the earlier law loses. Bypassing a law that contradicts an earlier law, congress has nullified that earlier law, even if they didn’t explicitly say so.