Re: [Salon] Vatican: The “Doctrine of Discovery” Is Not Part of the Teaching of the Catholic Church

[Edward Hughes <edwhughes@gmail.com>]

Justice Marshall, in a 1823 Supreme Court decision (Johnson v. McIntosh),  relied on the so-called "Doctrine of Discovery" to decide that Indigenous People did not have ownership rights to their land. 

https://tile.loc.gov/storage-services/service/ll/usrep/usrep021/usrep021543/usrep021543.pdf 

The jurisprudential framework to justify our appropriation of land in North America was founded on 15th century Papal Bulls that granted ownership of lands, not previously claimed by a Christian Sovereign,  to the Christian Sovereign in whose name the lands were "discovered".  https://www.gilderlehrman.org/history-resources/spotlight-primary-source/doctrine-discovery-1493

In other words 15 Century Popes decreed  the property rights of what has become the United States. 

Now that the Vatican has repudiated or "overturned" the doctrine, will the Supreme Court reverse Johnson v McIntosh?  

 

Edward
edwhughes@gmail.com
+1 (617) 306 2577

On Sat, Apr 1, 2023 at 1:23 PM Chas Freeman via Salon <salon@listserve.com> wrote:

https://zenit.org/2023/03/30/vatican-the-doctrine-of-discovery-is-not-part-of-the-teaching-of-the-catholic-church/?eti=9275

Joint Statement of the Dicasteries for Culture and Education and for Promoting Integral Human Development.

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