In the case of Cherokee Nation v. Hitchcock in 1902, the U.S Supreme Court ruled against the sovereignty of Native American tribes over their own lands. The Cherokee Nation filed a lawsuit to prevent non-Native Americans from settling on tribal lands in Oklahoma that were allotted by Congress under the Curtis Act of 1898. This act was designed to dissolve tribal governments and communal ownerships, allotting land to individual tribe members with surplus sold off to non-tribal members. The Cherokees argued this violated previous treaties guaranteeing their rights as a sovereign nation within U.S borders. However, the court held that Congress had "plenary power" (complete control) over Native American affairs and could unilaterally break treaty obligations if it deemed necessary for tribal welfare or public interest.

In the dissenting opinion for Cherokee Nation v. Hitchcock, it was argued that the U.S. government had violated its own laws and treaties by unilaterally altering tribal lands without obtaining consent from the tribe itself. The dissenting justices believed that this action constituted a breach of trust and an infringement on tribal sovereignty, as established in previous court rulings and agreements between tribes and federal authorities. They contended that such actions could set a dangerous precedent for future dealings with Native American tribes, potentially undermining their rights to self-governance and control over their territories. Furthermore, they expressed concerns about potential negative impacts on relations between Native American communities and the federal government due to perceived injustices or breaches of faith.