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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).
[1] [2] The doctrine is regarded as a unanimous and well-established international norm over the past two decades. [3] The principle of the responsibility to protect is based upon the underlying premise that sovereignty entails a responsibility to protect all populations from mass atrocity crimes and human rights violations.
The Bush Doctrine is a marked departure from the policies of deterrence that generally characterized American foreign policy during the Cold War and brief period between the collapse of the Soviet Union and 9/11, and can also be contrasted with the Kirkpatrick Doctrine of supporting stable right-wing dictatorships that was influential during ...
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 ...
If Marshall was suggesting that the power over interstate commerce is an exclusive federal power, the Dormant Commerce Clause doctrine eventually developed very differently: it treats regulation that does not discriminate against or unduly burden interstate commerce as a concurrent power, rather than an exclusive federal power, and it treats ...
In the case, the Court ruled against Maryland in an opinion written by Chief Justice John Marshall, Hamilton's longtime Federalist ally. Marshall stated that the Constitution did not explicitly give permission to create a federal bank, but it conferred upon Congress an implied power to do so under the Necessary and Proper Clause so that ...
Executive privilege is the right of the president of the United States and other members of the executive branch to maintain confidential communications under certain circumstances within the executive branch and to resist some subpoenas and other oversight by the legislative and judicial branches of government in pursuit of particular information or personnel relating to those confidential ...
The NAACP, led by Thurgood Marshall (who became the first black Supreme Court Justice in 1967), was successful in challenging the constitutional viability of the "separate but equal" doctrine. The Warren Court voted to overturn sixty years of law that had developed under Plessy. The Warren Court outlawed segregated public education facilities ...