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The discovery doctrine, or doctrine of discovery, is a disputed interpretation of international law during the Age of Discovery, introduced into United States municipal law by the US Supreme Court Justice John Marshall in Johnson v. McIntosh (1823).
Marshall's opinion lays down the foundations of the doctrine of aboriginal title in the United States, and the related doctrine of discovery. However, the vast majority of the opinion is dicta ; as valid title is a basic element of the cause of action for ejectment, the holding does not extend to the validity of McIntosh's title, much less the ...
The doctrine of discovery was the foundational document for centuries of wrong. Skip to main content. Sign in. Mail. 24/7 Help. For premium support please call: 800-290-4726 more ways to reach ...
A central legal concept of the discovery doctrine, expounded by the US Supreme Court in 1823, draws on assertions of European powers' right to claim land during their explorations. The concept of "discovery" has been used to enforce colonial claiming and discovery, but has been challenged by indigenous peoples [13] and researchers. [14]
"Under the “doctrine of discovery,” County of Oneida v. Oneida Indian Nation of N. Y., 470 U. S. 226, 234 (1985) (Oneida II), “fee title to the lands occupied by Indians when the colonists arrived became vested in the sovereign—first the discovering European nation and later the original States and the United States,” Oneida Indian ...
The United States continued and expanded European colonial doctrine through adopting a version of the discovery doctrine as law in 1823 with the US Supreme Court case Johnson v. McIntosh. Statements at the Johnson court case illuminated the United States' support for the principles of the discovery doctrine: [79] The United States ...
The book's contents across many chronological chapters challenge what Dunbar-Ortiz articulates as the founding mythology of the burgeoning country, bolstered in the 19th century by the concept of Manifest Destiny and the Doctrine of Discovery. Dunbar-Ortiz seeks to show "how policy against the Indigenous peoples was colonialist and designed to ...
Alvin Smith was born in 1798, the first surviving child of Joseph Smith Sr. and Lucy Mack Smith. [1] During his youth, Smith worked as a carpenter's helper to assist the Smith family in saving up sufficient funds to make a down payment on a farm in Manchester Township, south of Palmyra, New York.