UDTR — Radar mondial des droits de la Nature

Conflict between the Public Trust and the Indian Trust Doctrines: Federal Public Land Policy and Native Indians

Identification

Clé publique

openalex:w3125696888

Auteurs

Rebecca Tsosie

Année déclarée

2003

Langue déclarée

en

Type source

article

Première détection

2026-11-09T19:04:47.819962+00:00

Dernière observation des métadonnées

2026-11-09T19:04:47.819962+00:00

Dernière vérification HTTP

Non effectuée

Institutions déclarées par la source

University of Tulsa

Pays d’affiliation déclarés

US

Résumé documentaire — langue originale

According to Professor Robert Williams, two core principles emerge from the classical era treaty diplomacy: first, that the treaty creates a relationship of "sacred trust," and second, that the most important promise contained in the treaty is the promise of protection given a treaty partner in times of need or crisis.2 Williams claims that these themes of trust and protection were incorporated into the treaties between the Indian nations and the United States.For example, the Treaty of Hopewell with the Cherokee Nation, which was signed in 1785, offers "peace to all the Cherokees, and [pledges to] receive them into the favor and protection of the United States of America." 3 The principles of trust and protection that emerged from the treaty relationship formed the basis for Chief Justice John Marshall's articulation of the United States' trust responsibility toward Indian nations in two foundational Indian law cases.In Cherokee Nation v. Georgia 4 and Worcester v. Georgia, 5 Marshall defined the political relationship between the Indian nations and the United States and began to articulate the dimensions of the federal government's unique responsibilities to Indian nations.6 In Cherokee Nation, Marshall described the Cherokee Nation's political status as a "domestic dependent nation[]" 7 and claimed that "the relation of the Indians to the United States is marked by peculiar and cardinal distinctions which exist no where else. 8 Marshall analogized this unique relationship to that of "a ward to his guardian."9 According to Marshall, the guiding principles of federal Indian law derived from the fact that the Indian Nations recognized a relationship of trust arising out of their treaties with the United States: "[The Indians] look to our government for protection; rely upon its kindness and its power; appeal to it for relief to their wants .. .. 10Marshall's subsequent opinion in Worcester further elaborated the nature of the federal government's trust responsibility.Marshall analyzed the treaties between the United States and the Cherokee Nation and found that the status of the Indians under these agreements "was that of a nation claiming and receiving the protection of one more powerful: not that of individuals abandoning their national character, and submitting as subjects to the laws of a master." 1 I Under Marshall's analysis, the federal government had a duty to protect Cherokee rights from incursions by the states and private citizens.According to Marshall, this duty stemmed from the treaties with the Cherokee Nation, as well as the Commerce Clause of the United States Constitution, which provides that Congress shall have the sole authority to manage trade with foreign nations, among the several states, and with the Indian nations. See

Identifiants

OPENALEX

W3125696888

Repères documentaires

Famille documentaire

Doctrine

Types déclarés par les sources

article

Juridictions étudiées — sources explicites

US

Les mentions d’entités ne constituent pas une preuve de reconnaissance juridique. La juridiction étudiée est distincte du pays d’affiliation des auteurs.

Sources

OpenAlex · Document 1

• OpenAlex · https://openalex.org/W3125696888

Statut documentaire

Pertinence à examiner

Bibliothèque

Cette identité n’est pas encore intégrée à la Bibliothèque juridique.