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

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

FromMapping the Doctrine of Discovery


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

FromMapping the Doctrine of Discovery

ratings:
Length:
60 minutes
Released:
Feb 1, 2024
Format:
Podcast episode

Description

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.
Released:
Feb 1, 2024
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/