Misconceptions About McGirt v. Oklahoma
The “many other legal doctrines” and the congressional “tools” are, like the “plenary power” put forth in Lone Wolf, all derivatives of “Christian discovery.” Gorsuch hid that fact in a cryptic citation to the 1868 Treatise on the American Law of Real Property by Emory Washburn. The Treatise discusses “the discovery and settlement of this country by Europeans.”
Some Misconceptions About McGirt v. Oklahoma by Peter d’Errico.
SUGGESTED CITATION
Peter d’Errico, "Misconceptions About McGirt v. Oklahoma," Doctrine of Discovery Project (1 September 2020), https://doctrineofdiscovery.org/blog/misconcepts-mcgirt/.
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