#1538 Explaining the Marshall Trilogy

Listening to America

Society & Culture, History

4.6 • 1.1K Ratings

🗓️ 13 March 2023

⏱️ 66 minutes

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Summary

This week, former U.S. Attorney Tim Purdon joins Clay Jenkinson to explain the famous "Marshall Trilogy," the three landmark Supreme Court cases issued by Chief Justice John Marshall between 1823 and 1832. The first, Johnson v. M'Intosh (1823) incorporated the Doctrine of Discovery into American law. The second, Cherokee Nation v. Georgia (1831) declared that Native tribes represent "domestic dependent nations," more sovereign that U.S. states, but not as sovereign as, say, Canada or France. The U.S. government has a sacred trust relationship with the Native peoples of America. And the third, Worcester v. Georgia (1832), says individual states cannot intrude on the sovereignty of Native American nations--only the national government of the United States can do that. And, Tim provides an analysis of White-Indian relations on the northern plains today.

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Thomas Jefferson is interpreted and portrayed by Clay S. Jenkinson.

Transcript

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0:00.0	Hello, my friends, and welcome to this podcast introduction to the Thomas Jefferson Hour.
0:07.1	This week I had the chance to talk with my friend Tim Perdon, who lives here in Bismarck,
0:11.8	North Dakota.
0:12.8	He's an extraordinary man, lawyer, scholar.
0:16.6	And he was US attorney for North Dakota for five years under the Obama administration.
0:21.6	And of all the possible things that he could find interesting from sex trafficking, to white
0:26.3	color crime, to border issues with Canada, to smuggling.
0:30.4	He focused on American Indian law, and we have five designated Native American reservations
0:37.7	in North Dakota.
0:38.7	We have about 30,000 Native Americans.
0:42.0	It's the fastest growing population in North Dakota.
0:45.1	And of course, we're right out here in the heart of classical Indian country, the land
0:48.9	of the Lakota and the Sioux, the land of the Mandan, the favorites of Lewis and Clark,
0:55.0	the Ojibwe, sometimes called the Chippewa, the Asiniboyan, etc.
1:00.2	And so, you know, most people listening don't really have a Native American presence
1:05.0	of any significance in your state.
1:07.7	But in the West, quite a bit more in South Dakota than North Dakota.
1:11.2	North Dakota has a lot, Montana has a lot.
1:13.9	Not so much in Nebraska and Kansas, because those states had a much more coercive and
1:20.8	restrictive set of policies with respect to Native Americans and so on reservations.
1:26.3	And Texas too.
1:27.7	But the upper great plains is, you know, it's called Indian country.
	...

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