Ad
related to: marshall's discovery doctrine review
Search results
Results From The WOW.Com Content Network
In Marshall's formulation of the doctrine, discovery of territory previously unknown to Europeans gave the discovering nation title to that territory against all other European nations, and this title could be perfected by possession. A number of legal scholars have criticized Marshall's interpretation of the relevant international law.
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 ...
Sims' Lessee v. Irvine (1799) was the first Supreme Court decision to discuss aboriginal title (albeit briefly), and the only such decision before the Marshall Court. The Court found ejectment jurisdiction over certain lands, notwithstanding the defendant's claim (in the alternative to the claim that the defendant himself held title) that the lands were still held in aboriginal title because:
"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 ...
Marshall observed that the Constitution is "the fundamental and paramount law of the nation", and that it cannot be altered by an ordinary act of the legislature. Therefore, "an act of the Legislature repugnant to the Constitution is void." [54] Marshall then discussed the role of the courts, which is at the heart of the doctrine of judicial ...
More information on The Marshall Trilogy and the first few cases that greatly impacted Native communities: Canby, William C. "The Marshall Trilogy and Its Legacy." American Indian Law Review, vol. 34, no. 1, 2009, pp. 1–27. Provides the history of the Cherokee Nation and the reasons and outcomes of Supreme Court cases: Conley, R. J. (2005).
Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a landmark decision of the U.S. Supreme Court that established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States.
John Marshall (September 24, 1755 – July 6, 1835) was an American statesman, jurist, and Founding Father who served as the fourth chief justice of the United States from 1801 until his death in 1835.