Discover this podcast and so much more

Podcasts are free to enjoy without a subscription. We also offer ebooks, audiobooks, and so much more for just $11.99/month.

S02E03 - Johnson v M'intosh and Federal Anti-Indian Law with Peter d'Errico

S02E03 - Johnson v M'intosh and Federal Anti-Indian Law with Peter d'Errico

FromMapping the Doctrine of Discovery


S02E03 - Johnson v M'intosh and Federal Anti-Indian Law with Peter d'Errico

FromMapping the Doctrine of Discovery

ratings:
Length:
82 minutes
Released:
Jul 10, 2023
Format:
Podcast episode

Description

We begin this episode with a land acknowledgement. Our hosts Prof. Philip P. Arnold and Sandy Bigtree (Mohawk Nation), begin by introducing our guest Peter d’Errico. He is Professor Emeritus of Legal Studies at the University of Massachusetts, Amherst. He is a regular blogger and frequent guest on the Red Thought series. Most recently, he is the author of Federal Anti-Indian Law:  The Legal Entrapment of Indigenous People (New York: Bloomsbury, 2022). He is a member of the New Mexico Bar and was a staff attorney at the Diné Legal Services. He has litigated indigenous land claims, fishing rights, and native spiritual freedom rights in prisons. He regularly presents online seminars about Indigenous peoples' legal issues at redthought.org and elsewhere, including National Endowment for the Humanities and summer Institutes for Teachers on teaching Native American histories.Support the showView the transcript and show notes at podcast.doctrineofdiscovery.org. Learn more about the Doctrine of Discovery on our site DoctrineofDiscovery.org.
Released:
Jul 10, 2023
Format:
Podcast episode

Titles in the series (24)

We launch this Podcast with Columbus’ arrival to the “New World.” This event issued forth the “Age of Discovery.” Although we were taught Columbus was in search of spices, he was actually sailing under 15th century Papal edicts known as the Doctrines of Christian Discovery [DOCD]. Following the fall of Constantinople, these Papal Bulls were issued to legitimate Portugal’s exploits in extracting gold in West Africa and capturing slaves. By 1492, the Transatlantic slave trade began with Columbus’ first crossing. The DOCD established the spiritual justification to bring the world under total dominion of the Church. The patriarchal hierarchy was constituted under an Almighty Supreme God at the helm—thus giving the Church full access to the world’s resources, by having dominion over Indigenous Peoples, their lands, and destruction of their cultures. These Christian decrees soon became the legal principal used during the Protestant Reformation, by giving credence to any Protestant claim to Indigenous lands in the Americas. By 1823, the DOCD was codified into US property law by the Supreme Court in Johnson v M’Intosh. As recently as 2005, Justice Ruth Bader Ginsburg upheld the DOCD in her written majority opinion against the Oneida in; City of Sherrill v Oneida Nation. Following 15th century Christian imperialism, through to the 19th century formulation of US law, we are able to identify today, how the DOCD continues to be utilized all over the world by multi-national corporations. Corporations who continue to justify resource extraction through the seizure and destruction of Indigenous lands, and who perpetrate cultural genocide through the 15th century fiction of “terra nullius”—empty land, and under the guise of economic development. The goal of this Podcast is to help identify these systems of domination that have been sustained by greed and power, through the subjugation of human beings and the natural world. https://podcast.doctrineofdiscovery.org/