6/2/2023 0 Comments Chief justice marshall![]() ![]() Other cases in the “Marshall Trilogy” are Cherokee Nation v. McIntosh and other cases, the doctrine had the effect of ignoring aboriginal land possession. Marshall based the decision on the “Discovery Doctrine,” referring to the way colonial powers laid claim to newly discovered land: in other words, title to the land lay with its discover. ![]() It reasons that since the federal government now controls the land, the Indians have only a “right of occupancy” and hold no title to the land. McIntosh, the Supreme Court under Chief Justice John Marshall upholds the McIntosh family’s ownership of land purchased from the federal government. As chief justice of the United States from 1801 until his death in 1835, John Marshall of Virginia played a formative role in establishing American federalism as it existed prior to the ratification of the Fourteenth Amendment in 1868. While serving as Secretary of State near the end of Adams presidential term, Marshall received a nomination to serve as Chief Justice of the Supreme Court. The longest-serving Chief Justice in Supreme Court history, Marshall dominated the Court for over three decades, and played a significant role in the. ![]() government, which then sold it to William McIntosh. After American independence, the Indians sold the same land to the U.S. In the 1770s, Illinois and Piankeshaw Indians, in what is now Illinois State, sold some land to Thomas Johnson. The case involves a series of land transfers. The first of three court cases (the “Marshall Trilogy”) that become the foundation of American Indian law is decided. 1823: Supreme Court rules American Indians do not own land ![]()
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