The Legal Theft of Indigenous Land: Peter D’Errico on Federal Anti-Indian Law

The Doctrine of Discovery and Land Grabs

• 🌍 The concept of "discovery" by Christian monarchs, originating from papal edicts, served as the initial justification for claiming ownership of lands already inhabited by Indigenous peoples.
• 👑 This doctrine, rooted in Christian dominion, was adopted by European powers and later by the United States, asserting a claim to the continent based on the premise that discovering uncharted lands granted ownership.
• 💰 Early US leaders like Washington and Jefferson, acting as "real estate guys" and land speculators, integrated this concept into their pursuit of vast land grants, mirroring English landed gentry.
• 📜 The legal framework for dispossession began with the idea that land could be bought and sold, shifting from feudal structures to a system where European monarchs claimed ultimate ownership.

The Marshall Doctrine and Legal Entrapment

• 🏛️ Chief Justice John Marshall's landmark opinions in the 1820s established the "Marshall Doctrine," which asserted US ownership of the continent and created a legal structure that actively dispossessed Indigenous peoples.
• ⚖️ Cases like Johnson v. McIntosh, Cherokee Nation v. Georgia, and Worcester v. Georgia defined Indigenous peoples as "less than the rest of Christian humanity" and not full nations, because the US claimed title to their land.
• 🧩 This doctrine created a legal paradox, stating Indigenous peoples were not