The Doctrine Of Discovery Case Study

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The existence of tribal sovereignty over hundreds of years has sparked the assimilation that the doctrine of American Indians is not only a lawful perception, but also an essential component that defines the evolution of our country. Tribal sovereignty addresses the right for tribes to govern themselves (Internet citation) and for them to mandate their property and their land’s decisions, but if so is the case, why have infinite number of tribes been removed from their territories? Without a doubt, this paper will explore and argue how our country has been affected because of unfair laws and policies that have unreasonably been established to tribes. In order to justify this argument, I will discuss the concerns revolving the Doctrine Discovery,…show more content…
To realize the indecisive dictations that the Indian tribes have been exposed to, it is essential to assimilate that the Marshall Trilogy was another factor that contributed to the negligence portrayed to the natives. Chief Justice John Marshall became associated with the jurisdictions that were enforced against the Indian civilization and their authority of land. There were three Supreme Court cases where Marshall was corresponded to dictate a decision in regards to Indian tribe’s possession of land an no one else’s. The first case by the name of Johnson v. M’Intosh occurred in 1823 where the Court determined that despite the fact that Indians were lawful inhabitants of the land, their tribes had no authority to vend their lands or do anything on their own without the federal government’s consent. The verdict stated that Indian lands were claimed by the federal government; therefore Indian’s sovereignty over their territories was restricted, although existent. The second case that reached the Supreme Court concerning land ownership happened on 1831 and was given the name of Cherokee Nation v. Georgia. This case’s ruling expressed that Indians did not have a United States nationality, but they were not members of foreign states either, which ultimately appointed their tribes to be “domestic dependent nations.” In other words, although there was a distant relationship between the U.S. and the Indian tribes, the United States was still responsible for imparting well-being advantages, needs, and services for the natives since they were entitled over the Indian

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