Chief Justice Marshall's Opinion

Posted by: Carcassman

Chief Justice Marshall's Opinion - 11/27/19 05:26 AM

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.
Posted by: bushbear

Re: Chief Justice Marshall's Opinion - 11/27/19 06:06 AM

The case in question is. Worcester v Georgia

A Google search will turn up numerous links to the history of the case.
Posted by: bushbear

Re: Chief Justice Marshall's Opinion - 11/27/19 06:08 AM

Here are a couple of links

https://en.wikipedia.org/wiki/Worcester_v._Georgia

https://en.wikipedia.org/wiki/Native_American_civil_rights
Posted by: Carcassman

Re: Chief Justice Marshall's Opinion - 11/27/19 06:20 AM

Thanks bushbear
Posted by: BrianM

Re: Chief Justice Marshall's Opinion - 11/27/19 04:15 PM

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.