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Broken LandscapeIndians, Indian Tribes, and the Constitution$
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Frank Pommersheim

Print publication date: 2012

Print ISBN-13: 9780199915736

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199915736.001.0001

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The Marshall Trilogy

The Marshall Trilogy

Foundational but Not Fully Constitutional?

(p.87) 4 The Marshall Trilogy
Broken Landscape

Frank Pommersheim

Oxford University Press

This chapter analyzes the following cases: Johnson v. McIntosh, Cherokee Nation v. Georgia, and Worcester v. Georgia. It examines how they established some of the basic principles of Indian law and their enduring legacy and challenges to the modern application of Indian law. It focuses on the issue of land acquisition and how this affects Indian tribal territory and sovereignty. It also discusses the role of cartography and translation in the possibility of harming and dispossessing indigenous people by comparing the situation of the Indian tribes to Ireland and the Middle East, both lands with indigenous people who were powerfully attached to landscape.

Keywords:   Native American Indian tribes, tribal sovereignty, Marshall trilogy, Johnson v. McIntosh, Cherokee Nation v. Georgia, Worcester v. Georgia, Indian law, cartography, Middle East, Ireland

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