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#1017679 - 11/27/19 05:26 AM Chief Justice Marshall's Opinion
Carcassman Online   content
River Nutrients

Registered: 11/21/07
Posts: 7413
Loc: Olema,California,Planet Earth
Was in NE GA last weekend and happened to read a little book about the Trail of Tears and how the US royally screwed the local Indians. Laws were passed and appealed to the Supreme Court. There, CJ Marshall wrote an opinion that laid out the whole basis for how the States, Feds, and Tribes (at that time) were legally related based on the Constitution. A very great read.

I worked in State/Tribal issues for decades and had been told what the relationship was but never they why's and wherefores. As issues between the various Gubmints are still on the front burner it would be a good thing to review the actual, thought-out, basis for the relationships.

I'll be looking for a copy to read more slowly.

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#1017680 - 11/27/19 06:06 AM Re: Chief Justice Marshall's Opinion [Re: Carcassman]
bushbear Offline
River Nutrients

Registered: 08/26/02
Posts: 4709
Loc: Sequim
The case in question is. Worcester v Georgia

A Google search will turn up numerous links to the history of the case.

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#1017681 - 11/27/19 06:08 AM Re: Chief Justice Marshall's Opinion [Re: Carcassman]
bushbear Offline
River Nutrients

Registered: 08/26/02
Posts: 4709
Loc: Sequim

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#1017682 - 11/27/19 06:20 AM Re: Chief Justice Marshall's Opinion [Re: Carcassman]
Carcassman Online   content
River Nutrients

Registered: 11/21/07
Posts: 7413
Loc: Olema,California,Planet Earth
Thanks bushbear

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#1017728 - 11/27/19 04:15 PM Re: Chief Justice Marshall's Opinion [Re: Carcassman]
BrianM Offline
Fry

Registered: 02/01/14
Posts: 26
You may want to read Johnson v. M'Intosh and associated commentary as well. This is the foundational Supreme Court decision (warts and all) re the discovery doctrine, aboriginal title, and land ownership in the U.S.

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