E010: Pulp Legal Fiction: The Bizarre Case Of Tee-hit-ton v. US скачать в хорошем качестве

E010: Pulp Legal Fiction: The Bizarre Case Of Tee-hit-ton v. US

In this episode, our hosts Steven T. Newcomb and Peter d'Errico take a 70-year retrospective on the 1955 Supreme Court decision Tee-Hit-Ton v. United States, which reaffirmed the 1823 US claim of a right of domination announced in Johnson v. McIntosh. But Tee-Hit-Ton did something more: it laundered the Johnson decision for 20th-century sensibilities by deleting the word “Christian” from the “doctrine of Christian discovery.” That redaction made it possible for later judges – including Justice Ruth Bader Ginsburg in 2005 – to sidestep the openly religious basis of this claimed right of domination. Ironically, this rhetorical clean-up increased the use of Johnson v. McIntosh as a legal precedent in federal anti-Indian law. Watch to learn how a little-known case helped entrench a doctrine of domination at the heart of US law.