The Earth Is Red: The Imperialism of the Doctrine of Discovery

In 1823, United States Supreme Court Chief Justice John Marshall, based on his analysis of custom, not precedential law, proclaimed the "Doctrine of Discovery" as the supreme law of the land in the case, Johnson v. M'Intosh. This "doctrine" held that whichever European nation first "discovered" land, then not ruled by a Christian prince or people, could claim ownership. From President Washington on it was a foregone conclusion that America's legacy was a continental empire. Indigenous peopl...