3610, DR. LOVERN, 10/28/2017, Marshall Trilogy: The Indian Nation
Katlyn Ford
Valdosta State University The colonization of the Western world by Europeans has left lasting impacts on its original inhabitants. The original inhabitants are the indigenous tribes who were found living on the land that Europeans had yet to claim through their conceptualization of discovery. It was through this underline concept of discovery, held most often by white male Christians, that colonizers based their ideology that Indigenous tribes were inferior due to the belief that they did not believe in a God. This is where the concept of discovery first grounded its rationalization of the taking of Indigenous land through colonization. Nonetheless, …show more content…
This thus gave them “simple fee”, meaning they were the true owners based on the discovery doctrine and Indigenous tribes were only allowed to occupy the land. Eaglewomen and Leeds (2013) explain how specifically, in this case, it meant that the title originated by the Indian tribe when compared to a title that originated from the United States was nullified. This was because of their court ruling establishing occupancy rights. This meant they could not sell the land, modify it, or govern it (p.26). The next case in the Marshall Trilogy, Cherokee Nation v. Georgia 1831, encompasses a different issue concerning the rights of Native …show more content…
Barnes (2011) enlightens on how the federal government’s use of plenary power is used as a final factor in the Marshall Trilogy decisions. The use of plenary power has a powerful impact when using this case for case law purposes. Congress derives its ability to use plenary power from the Commerce Clause in Article I of the constitution. It is also through the plenary power that the federal government can preempt state law. Furthermore, congresses can use plenary power to give the tribe recognition, approve any documents or treaties, and set in place boundaries of power for that tribe
Katlyn Ford
Valdosta State University The colonization of the Western world by Europeans has left lasting impacts on its original inhabitants. The original inhabitants are the indigenous tribes who were found living on the land that Europeans had yet to claim through their conceptualization of discovery. It was through this underline concept of discovery, held most often by white male Christians, that colonizers based their ideology that Indigenous tribes were inferior due to the belief that they did not believe in a God. This is where the concept of discovery first grounded its rationalization of the taking of Indigenous land through colonization. Nonetheless, …show more content…
This thus gave them “simple fee”, meaning they were the true owners based on the discovery doctrine and Indigenous tribes were only allowed to occupy the land. Eaglewomen and Leeds (2013) explain how specifically, in this case, it meant that the title originated by the Indian tribe when compared to a title that originated from the United States was nullified. This was because of their court ruling establishing occupancy rights. This meant they could not sell the land, modify it, or govern it (p.26). The next case in the Marshall Trilogy, Cherokee Nation v. Georgia 1831, encompasses a different issue concerning the rights of Native …show more content…
Barnes (2011) enlightens on how the federal government’s use of plenary power is used as a final factor in the Marshall Trilogy decisions. The use of plenary power has a powerful impact when using this case for case law purposes. Congress derives its ability to use plenary power from the Commerce Clause in Article I of the constitution. It is also through the plenary power that the federal government can preempt state law. Furthermore, congresses can use plenary power to give the tribe recognition, approve any documents or treaties, and set in place boundaries of power for that tribe