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McIntosh, [a] 21 U.S. (8 Wheat.) 543 (1823), also written M‘Intosh, is a landmark decision of the U.S. Supreme Court that held that private citizens could not purchase lands from Native Americans. As the facts were recited by Chief Justice John Marshall , the successor in interest to a private purchase from the Piankeshaw attempted to ...
The case of Johnson v. McIntosh by the Supreme Court in 1823 is well known to most law students as declaring that Indian tribes had the right to occupy the land but only the United States held title to the land by right of discovery. It covers other major cases, including Cherokee Nation v.
The Supreme Court vacated this order and remanded the case for further review, finding that a burden of a retrial three decades after the crime "should not be imposed unless each ground supporting the state court decision is examined and found to be unreasonable under [the Antiterrorism and Effective Death Penalty Act of 1996]."
Agreement with the Court's judgment does not guarantee agreement with the reasoning expressed in its opinion. A justice is not considered in agreement if they dissented even in part. Agreement percentages are based only on the listed cases in which a justice participated and are rounded to the nearest one-tenth of one percentage point.
The discovery doctrine was expounded by the United States Supreme Court in a series of decisions, most notably Johnson v. McIntosh in 1823. In that case, Chief Justice John Marshall held that under generally accepted principles of international law:
In the 1823 case of Johnson v. McIntosh, the United States Supreme Court handed down a decision stating that Indians could occupy and control lands within the United States but could not hold title to those lands. [22] Jackson viewed the union as a federation of highly esteemed states, as was common before the American Civil War. He opposed ...
Supreme Court of the United States Established March 4, 1789 ; 235 years ago (1789-03-04) Location Washington, D.C. Coordinates Composition method Presidential nomination with Senate confirmation Authorised by Constitution of the United States, Art. III, § 1 Judge term length life tenure, subject to impeachment and removal Number of positions 9 (by statute) Website supremecourt.gov This ...
In United States federal courts, a denial of summary judgment cannot be appealed until final resolution of the whole case, because of the requirements of 28 U.S.C. § 1291 and 28 U.S.C. § 1292 (the final judgment rule). To defeat a summary-judgment motion, the non-moving party only has to show substantial evidence that a dispute of material ...