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Shameful or Ignored Supreme Court Cases
Resource 3 . 1
28 minutes

Johnson & Graham’s Lessee v. McIntosh

Seth J. Chandler

1. So any notion that the Indians had title to the land they occupied is eliminated by this case. Immense wealth and power is thus transferred (or its prior transference confirmed) by this opinion from the indigenous population to the United States.

2. Find all instances in which Marshall apologizes. How does he end up justifying extinction of Indian title to the land? Does his apologetic tone make the opinion better or worse? 

Supreme Court of the United States
8 Wheat. 543, 21 U.S. 543, 5 L. Ed. 681, 1823 U.S. LEXIS 293, SCDB 1823-013
1823-03-10

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