Unearthing the Foundations: Examining Native American Legal Battles and the Doctrine of Discovery with Peter d'Errico, Steven T. Newcomb, and Joseph J. Heath

Discover the overlooked truths of Native American legal struggles and examine the enduring impact of the Doctrine of Discovery with our esteemed guests Peter d'Errico, Steven T. Newcomb, and Joseph J. Heath. This episode promises to enhance your understanding of Native American representation in law and the historical decisions that shape their rights today. Prepare to have your perspective on federal anti-Indian law and the ramifications of the Marshall Trilogy thoroughly expanded by our panel's wealth of expertise.Our conversation navigates the powerful role language plays in framing indigenous existence against the backdrop of colonization and Western narratives. We dissect the intentional metaphors by historical figures to assert control and critique the mainstream media's failure to challenge the systemic dominations at play. This episode is a clarion call for awareness, urging a collective shift towards acknowledging the historical and spiritual significance of land to Indigenous peoples, and their ongoing efforts to heal and decolonize.Toward the close, we scrutinize the landmark McGirt decision and its effects on indigenous land rights, noting the absence of "plenary power" in Justice Gorsuch's opinion. The discussion points to the embedded racism and religious supremacy in the Lone Wolf decision of 1903, echoing Justice Clarence Thomas's skepticism of US sovereignty over Native lands. We cap off our exploration by delving into the implications of US citizenship on indigenous identity and the potential empowerment through citizenship of an Indian nation. Join us for a thought-provoking journey through the intricate intersection of law, sovereignty, and identity within Native American communities.***This panel was recorded at the The Religious Origins of White Supremacy: Johnson v. M'Intosh and the Doctrine of Christian Discovery conference.Support the showView the transcript and show notes at podcast.doctrineofdiscovery.org.  Learn more about the Doctrine of Discovery on our site DoctrineofDiscovery.org.