Year: 1988
Type: article
Abstract: Early in the nineteenth century, federal courts began to adjudicate cases that required dealing, first, with the nature of Native American land title, and later, with tribal autonomy and sovereignty.Led by Chief Justice John Marshall, the "mid-wife" of federal Indian law, 1 the United States Supreme Court developed the legal framework that underlies tribal property rights and political sovereignty within the United States.These original principles of federal Indian law were established in a series of Supreme Court decisions ending with Worcester v. Georgia 2 in 1832.3 Although it drew upon European and colonial precedent and authority, the Marshall Court created its own unique vision of United States-Native American relations.These original principles govern federal Indian law to this day.However, by narrowing and misapplying these principles, or making selective use of precedent, subsequent federal courts have justified federal Indian policies that often were not consonant with the original premises and tenets.4 .This Article first describes the international law and colonial history that influenced the Marshall Court in the half-dozen early cases critical to the development of federal Indian law.Next, the doctrines in these early cases are described and compared with one Jean Zorn of the City University Law School for her helpful comments and suggestions on an earlier draft of this Article.I also wish to thank Petra T. Shattuck with
Author: Jill Norgren
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W3158243036