This section contains important U.S. cases concerning indigenous people’s human rights. Each item in this folder will have a summary containing a brief description of the sections that are relevant to international indigenous rights protections.
Johnson v. McIntosh Wheat. 543
Date:
1823
Organization:
U.S. Supreme Court
Document Type:
Link: PDF
This U.S. Supreme Court decision states that the U.S. government has ultimate title to Indian lands based on European’s law to the right of discovery. The text reads: “This opinion conforms precisely to the principle which has been supposed to be recognized by all European governments, from the first settlement of America. The absolute ultimate title has been considered as acquired by discovery, subject only to the Indian title of occupancy, which title the discoverers possessed the exclusive right of acquiring. Such a right is no more incompatible with a seisin in fee, than a lease for years, and might as effectually bar an ejectment.”
ManyBeads v. United States
Date:
Organization:
U.S. 9 th Circuit
Document Type:
Link:Doc
This case argues that the relocation of Navajo Indians pursuant to a federal act violated the UN charter. The court ruled that (1) the UN charter was not self-executing (it needed Congress to do something to specifically ratify it), and (2) and relocation scheme would not in any case violate any international obligations.
Indigenous Rights Online Library
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