Bulletin n. 1/2012
June 2012
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Kauanui J. Kehaulani
    Queer Critique and Federal Indian Policy
    in American Quarterly , vol. 64, n. 1, March ,  2012 ,  163-169
    Many American studies scholars are familiar with the landmark decision of the U.S. Supreme Court in Johnson v. McIntosh, 21 U.S. (8 Wheat.) 543 (1823), which held that private citizens could not purchase lands from Native Americans. The case is the first in what has come to be known as the “Marshall Trilogy,” named after Chief Justice John Marshall, which also includes Cherokee Nation v. Georgia and Worcester v. Georgia. The trio is a staple in nearly every case relating to the question of tribal nations’ exercise of self-determination. In McIntosh, the court laid out the foundations of the “doctrine of discovery,” which created the concept of “aboriginal title” to land but denied Indian tribes the same rights to land as the European colonizers because under the Law of Nations based on this doctrine, Indians are “an inferior race of savages.” As Native legal scholars have pointed out, the court perpetuated a racist judicial language of Indian savagery to define Indian rights.
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