Indigenous People's Day: ‘Legal’ Theft Of Indigenous Land | Peter D’Errico | TMR Classic

Описание: A bit of news up top then a classic interview with Peter D’Errico, professor emeritus of legal studies at the University of Massachusetts, Amherst, who discusses his recent book Federal Anti-Indian Law: The Legal Entrapment of Indigenous Peoples. https://polsci.umass.edu/people/peter... + https://www.bloomsbury.com/us/federal...

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Professor D’Errico walks through the evolution of the doctrines of settler colonialism in what is now the United States, with the doctrine of Christian discovery that launched the colonial era from Spain and England setting the stage for the US’ own domestic justification for the “manifest destiny” agenda. Expanding on this, D’Errico and Sam explore the central cases in the establishment of Chief Justice John Marshall’s ‘Marshall Doctrine’ in Indian Law, which actively committed to the perspective of Christian dominion and discovery, and asserted the native peoples as a sub-human class unable to look after their land. Next, they look to the post-Marshall evolution of the doctrine, with the Court carrying its vision forward while slowly obscuring its origins, seeing it affirmatively cited even by supposedly progressive justices like RBG, without reference to Christianity. After expanding on the Marshall Doctrine’s secondary purpose as a reinforcement of federal domination over the states, D’Errico wraps up by walking through the contemporary battles over the Marshall Doctrine, the push for full assimilation of Native territories, and the need to bring the origins of the doctrine back into full public view.

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