Under Article 1, Section 8 of the United States Constitution, it gives Congress
plenary powers to deal with Indian affairs. Congress can limit, modify, or
eliminate powers that tribes possess by setting boundaries and extinguishing
rights reserved in treaties.
The questions presented here are:
1. Whether Article 1, Section 8 of the United States Constitution authorizes
or allows state courts to deal with Indians affairs regarding reserved Treaty rights?
2. Whether reserved rights attached to the 1790 Treaty with the Creeks and the
1832 Treaty with the Creeks allow state courts to convict Indians for trespass
while occupying their ancestral lands for nearly 200 legally documented years?
3. Whether Article 6, Clause 2, of the United States Constitution inhibits state
laws from applying to Indians in Indian country?

Whether Article 1, Section 8 of the United States Constitution authorizes or allows state courts to deal with Indian affairs regarding reserved Treaty rights?