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American Indian Law Case Analysis

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The entirety of the current doctrine of American Indian Law is based on the opinions written by Chief Justice Marshall in the cases of Johnson v. McIntosh, Cherokee Nation v. Georgia and Worcester v. Georgia. These cases, often referred to as the Marshal Trilogy, determined to what extend Native Americans have rights in light of their conquered status. Four principals manifest within the Marshal opinions, (1) congressional plenary power; (2) diminished tribal sovereignty; (3) the trust doctrine; and (4) the canons of construction (Kaldawi, 2016). In 1823, the first of the three cases, Johnson v. McIntosh was heard. The history behind the Johnson v. McIntosh complaint was a dispute over several tracts of land, purchased in the states of Illinois and Indiana, by the Wabash Land Companies on behalf of Johnson and also purchased by the federal government and then later sold by the federal government to the McIntosh family. Unfortunately, there was conflict as both parties, Johnson and McIntosh, said they owned the same parcels of land. Today there is question as to whether or not the purchases themselves were ever even legal (Kades, 2001).
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government could not exactly say that the Indians did not own the land due to the lands that had already been sold to the Europeans, but they had to control the prices and the competition from other European countries. If the ruling stated that the Native Americans never owned the land, the ownership of the lands by Europeans who purchased it previously would have been in question now. Even though the courts at the time were claiming the Indians did not own the land, there were obviously those who were concerned that this custom could be questioned. The Massachusetts Bay Company instructed its colonists in 1629 that, “if any of the savages pretend right of inheritance to all or any part of the land in our patent, purchase their claim in order to avoid the least scruple of intrusion” (Kades,

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