The "discovery doctrine" was developed by the Spanaish philospher, Vittorio, in an attempt to justify and explain the taking of land from aboriginal people. In its essence, Vittorio opined that it was the manner in which the civilized nations dealt with each other as it pertained to the land, that governed who had title. A European nation that discovered land occupied by aboriginal people, assumed certain rights over that land that were recognized by the other European nations. It was these "recognized" rights that were passed on to the United States when it won the War of Independence. I will not attempt to go on a further dissertation on the doctrine, except to say that, in it, Marshall found the rationale for asserting federal title power over the land versus state power. As a result, with adoption of the "discovery doctrine," the Court held the title to land passed to the plaintiff by the Illinois and Piankeshaw tribes was invalid because Indians held only a title of occupancy, and not full tide.http://email@example.com/
INDIAN TRIBES HAVE A GOVERNMENT TO GOVERNMENT RELATIONSHIP WITH THE UNITED STATES
Before the European invasion of North America, Indian tribes exercised their own form of governments as soverreign nations. That power has lessened considerably over time, yet Indian tribes have retained limited sovereignty under federal law. As separate sovereigns, tribes have unique powers with respect to how the reservations are governed. Tribal powers include, but are not limited to, tribal governments that make laws and enforce them through ordinances and law enforcement; tribal courts that exercise limited civil jurisdiction over all reservation residents, criminal jursdiction over all Indian people; and the power to determine its own membership. Note howerver, that the United States Supreme Court has been making inroads against inherent tribal power in many of the decisions.
Tribes have the right to make and enforce their own environmental laws, so long as they do not conflict with federal law. Under some circumstances the tribe can have ones that may be more stringent than a neighboring state or community.
As separate sovereigns, tribes have a government to government relationship with the federal government that is recognized in federal laws and court decisions. See, Marshall Trilogy.http://nativesense.com/relationship.html Please leave your comments relative to the content within the page. Also, don't leave your Email address or phone number, use our contact form to leave any personal info in a private Email to us. Mahalo
Doctrine of Discovery Today
Five Hundred Years of Injustice
Doctrine of Discovery
Timeline results for discovery doctrine
Marshall Trilogy: Three Supreme Court decisions between 1823 and 1832, known as the Marshall Trilogy, reasserted the tribal right of land possession and tribal sovereignty (meaning no state held legal jurisdiction within Indian reservation boundaries) and defined a moral trust responsibility of the United States toward the tribes. answers.encyclopedia.com/question/
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