Under the reserved rights doctrine, what happens to rights not specifically addressed in treaties?

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The reserved rights doctrine is a legal principle that asserts that any rights not explicitly mentioned in treaties with Native American tribes are still retained by those tribes. This is rooted in the recognition that treaties were often made at a time when tribes had limited understanding of the implications of their agreements or were not fully represented. Therefore, when treaties were created, any rights or resources that were not specifically negotiated remained with the tribes.

This principle is particularly significant in the context of U.S. law, as it helps affirm the sovereignty of tribes and acknowledges their inherent rights. Under this doctrine, tribes are understood to possess rights that extend beyond what is laid out in formal agreements, reflecting their ongoing connection to their lands, resources, and governance.

The other options suggest various ways rights might be dealt with, such as forfeiture, transfer to the federal government, or expiration, which do not align with the essence of the reserved rights doctrine. The doctrine specifically reinforces the idea that tribes maintain control over rights not mentioned, rather than suffering losses or limitations as outlined in the other choices.

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