Territory, Wilderness, Property, and Reservation: Land and Religion in Native American Supreme Court Cases
In two trilogies of Supreme Court Decisions, both involving Native Americans, land is a key metaphor, figuring variously as property, territory, wilderness, and reservation. The first trilogy, written by Chief Justice John Marshall, comprises Johnson v. M'Intosh (1823), Cherokee Nation v. Georg...
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ftoklahomaunivcl:oai:digitalcommons.law.ou.edu:ailr-1112 2023-09-05T13:19:30+02:00 Territory, Wilderness, Property, and Reservation: Land and Religion in Native American Supreme Court Cases Sands, Kathleen 2012-01-01T08:00:00Z application/pdf https://digitalcommons.law.ou.edu/ailr/vol36/iss2/1 https://digitalcommons.law.ou.edu/context/ailr/article/1112/viewcontent/11_36AmIndianLRev253_2011_2012_Sands.pdf unknown University of Oklahoma College of Law Digital Commons https://digitalcommons.law.ou.edu/ailr/vol36/iss2/1 https://digitalcommons.law.ou.edu/context/ailr/article/1112/viewcontent/11_36AmIndianLRev253_2011_2012_Sands.pdf American Indian Law Review Supreme Court John Marshall Marshall trilogy Native American religious freedom land property reservation Johnson v. M'Intosh Cherokee Nation v. Georgia Worcester v. Georgia Bowen v. Roy Lyng v. Northwest Cemetery Protective Association Employment Division of Oregon v. Smith Constitutional Law First Amendment Indigenous Indian and Aboriginal Law text 2012 ftoklahomaunivcl 2023-08-14T17:36:57Z In two trilogies of Supreme Court Decisions, both involving Native Americans, land is a key metaphor, figuring variously as property, territory, wilderness, and reservation. The first trilogy, written by Chief Justice John Marshall, comprises Johnson v. M'Intosh (1823), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832). The second trilogy concerns Native American claims for religious freedom under the First Amendment and includes Bowen v. Roy (1986), Lyng v. Northwest Cemetery Protective Association (1988), and Employment Division of Oregon v. Smith (1990). The Marshal cases attempted to legitimate the transformation of land from wilderness to territory and property, and in this sense, they appeared "secular." These cases also were "religious" in an important sense: they created a myth of origins that determined the polity's reaction to the land and people on which it was built. Of the religious freedom cases, only one was directly concerned with land, but all three were profoundly shaped by the Marshall trilogy and by judicial reasoning that linked land and religion. As these cases show, judicial events at the intersection of land and religion have been calamitous and, for Native Americans, full of violence and loss. Grounds for hope remain in one meaning of land--the "reservation"--deployed by Marshall in Worcester v. Georgia and artfully analyzed by Philip Frickey in 1993. Reviving the concept of "reservation" promises constructive re-imaginations of both First Nations and religious freedom as unique, foundational political categories. Text First Nations University of Oklahoma, College of Law: Digital Commons Indian |
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University of Oklahoma, College of Law: Digital Commons |
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ftoklahomaunivcl |
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unknown |
topic |
Supreme Court John Marshall Marshall trilogy Native American religious freedom land property reservation Johnson v. M'Intosh Cherokee Nation v. Georgia Worcester v. Georgia Bowen v. Roy Lyng v. Northwest Cemetery Protective Association Employment Division of Oregon v. Smith Constitutional Law First Amendment Indigenous Indian and Aboriginal Law |
spellingShingle |
Supreme Court John Marshall Marshall trilogy Native American religious freedom land property reservation Johnson v. M'Intosh Cherokee Nation v. Georgia Worcester v. Georgia Bowen v. Roy Lyng v. Northwest Cemetery Protective Association Employment Division of Oregon v. Smith Constitutional Law First Amendment Indigenous Indian and Aboriginal Law Sands, Kathleen Territory, Wilderness, Property, and Reservation: Land and Religion in Native American Supreme Court Cases |
topic_facet |
Supreme Court John Marshall Marshall trilogy Native American religious freedom land property reservation Johnson v. M'Intosh Cherokee Nation v. Georgia Worcester v. Georgia Bowen v. Roy Lyng v. Northwest Cemetery Protective Association Employment Division of Oregon v. Smith Constitutional Law First Amendment Indigenous Indian and Aboriginal Law |
description |
In two trilogies of Supreme Court Decisions, both involving Native Americans, land is a key metaphor, figuring variously as property, territory, wilderness, and reservation. The first trilogy, written by Chief Justice John Marshall, comprises Johnson v. M'Intosh (1823), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832). The second trilogy concerns Native American claims for religious freedom under the First Amendment and includes Bowen v. Roy (1986), Lyng v. Northwest Cemetery Protective Association (1988), and Employment Division of Oregon v. Smith (1990). The Marshal cases attempted to legitimate the transformation of land from wilderness to territory and property, and in this sense, they appeared "secular." These cases also were "religious" in an important sense: they created a myth of origins that determined the polity's reaction to the land and people on which it was built. Of the religious freedom cases, only one was directly concerned with land, but all three were profoundly shaped by the Marshall trilogy and by judicial reasoning that linked land and religion. As these cases show, judicial events at the intersection of land and religion have been calamitous and, for Native Americans, full of violence and loss. Grounds for hope remain in one meaning of land--the "reservation"--deployed by Marshall in Worcester v. Georgia and artfully analyzed by Philip Frickey in 1993. Reviving the concept of "reservation" promises constructive re-imaginations of both First Nations and religious freedom as unique, foundational political categories. |
format |
Text |
author |
Sands, Kathleen |
author_facet |
Sands, Kathleen |
author_sort |
Sands, Kathleen |
title |
Territory, Wilderness, Property, and Reservation: Land and Religion in Native American Supreme Court Cases |
title_short |
Territory, Wilderness, Property, and Reservation: Land and Religion in Native American Supreme Court Cases |
title_full |
Territory, Wilderness, Property, and Reservation: Land and Religion in Native American Supreme Court Cases |
title_fullStr |
Territory, Wilderness, Property, and Reservation: Land and Religion in Native American Supreme Court Cases |
title_full_unstemmed |
Territory, Wilderness, Property, and Reservation: Land and Religion in Native American Supreme Court Cases |
title_sort |
territory, wilderness, property, and reservation: land and religion in native american supreme court cases |
publisher |
University of Oklahoma College of Law Digital Commons |
publishDate |
2012 |
url |
https://digitalcommons.law.ou.edu/ailr/vol36/iss2/1 https://digitalcommons.law.ou.edu/context/ailr/article/1112/viewcontent/11_36AmIndianLRev253_2011_2012_Sands.pdf |
geographic |
Indian |
geographic_facet |
Indian |
genre |
First Nations |
genre_facet |
First Nations |
op_source |
American Indian Law Review |
op_relation |
https://digitalcommons.law.ou.edu/ailr/vol36/iss2/1 https://digitalcommons.law.ou.edu/context/ailr/article/1112/viewcontent/11_36AmIndianLRev253_2011_2012_Sands.pdf |
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1776200291289399296 |