Doctrine of Discovery

Definition

The Doctrine of Discovery is a legal and philosophical concept that justified European colonization and the claiming of lands inhabited by Indigenous peoples, asserting that discovery gave sovereign nations the right to claim territory. This doctrine has influenced laws and policies regarding land ownership, sovereignty, and the treatment of Native American tribes in the U.S., establishing a foundation for the relationship between federal government and Indigenous nations.

5 Must Know Facts For Your Next Test

1. The Doctrine of Discovery originated in the 15th century, with papal bulls such as Inter Caetera granting Christian nations rights to colonize non-Christian lands.
2. This doctrine laid the groundwork for legal decisions in the U.S., including the Supreme Court rulings that upheld federal authority over Native American lands.
3. The doctrine is often criticized for its role in justifying the displacement and oppression of Indigenous peoples across the Americas.
4. It also established a framework for understanding land rights, where Indigenous sovereignty is frequently undermined by European-derived legal principles.
5. The ongoing impact of this doctrine can be seen in contemporary legal battles over land rights and tribal sovereignty in the United States.

Review Questions

• How did the Doctrine of Discovery influence early U.S. federal Indian law and policies?
  • The Doctrine of Discovery greatly influenced early U.S. federal Indian law by providing a legal rationale for claiming Indigenous lands without consent. It established a framework wherein European-derived notions of land ownership conflicted with Indigenous peoples' understanding of land as communal and sacred. As a result, policies often favored settler expansion and dispossession of Native American tribes, leading to treaties that were frequently violated by the federal government.
• Discuss how the Marshall Trilogy impacted interpretations of the Doctrine of Discovery in relation to Native American sovereignty.
  • The Marshall Trilogy, comprised of three landmark Supreme Court cases in the early 19th century, clarified federal authority over Native American tribes while simultaneously referencing the Doctrine of Discovery. These rulings reinforced the idea that while tribes had some degree of sovereignty, it was ultimately subordinate to federal power. This created a legal precedent that limited Indigenous self-determination and perpetuated a legacy where tribal rights were often viewed through the lens of discovery and conquest.
• Evaluate the contemporary implications of the Doctrine of Discovery on land rights disputes involving Indigenous nations today.
  • Today, the Doctrine of Discovery continues to shape land rights disputes involving Indigenous nations by providing a historical legal basis for claims made by settler governments against tribal sovereignty. Many contemporary cases reflect an ongoing struggle where Indigenous communities seek recognition of their rights to ancestral lands based on traditional practices rather than on colonial-era laws. The doctrine's legacy complicates these disputes, as it challenges modern interpretations of justice, equity, and respect for Indigenous sovereignty amidst historical injustices.

Related terms

Sovereignty: The authority of a state to govern itself or another state, particularly in relation to territorial claims and the rights of Indigenous nations.

Treaty: A formal agreement between two or more sovereign entities, often used historically between the U.S. government and Native American tribes to define land rights and responsibilities.

Indian Removal Act: A law passed in 1830 that authorized the forced removal of Native American tribes from their ancestral lands to designated territories west of the Mississippi River.