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Judicial Reconstruction Of Native American Identity From The Perspective Of Indian Trial In Marshall Court

Posted on:2020-06-10Degree:MasterType:Thesis
Country:ChinaCandidate:X M ZhangFull Text:PDF
GTID:2416330590962313Subject:legal
Abstract/Summary:PDF Full Text Request
The topic derived from the changing political identity of ethnic groups is not only related to the law,but also reflects the social development.Therefore,it is an important research aspect of the country,especially in mufti-ethnic countries.The change of the historical status of an ethnic group is the most true portrayal of the "national values" advocated by the state.North American Indians were the original masters of the North American continent,and the earliest colonial activities began.Native Americans represented by Indians experienced successively political relations with the British Royal family,Puritan immigrants and the United States of America,and their political identities also changed constantly.In turn,they experienced "sovereign entities","independent entities under guardianship","isolated and isolated entities".The special group of guardianship and the group enjoying citizenship are four identities.The constant change and establishment of identity level are inextricably linked with the judgment of the Supreme Court.The Supreme Court’s decision on the Indian community,supplemented by the Federal Government’s policy towards the Indian community and its various interpretations of its political identity,was resisted by the aborigines,but ultimately formed the identity of the aborigines as "citizens of the United States of America".The Marshall Court,through three major jurisprudence’s,gradually encroached upon the sovereignty of a sovereign entity,or even the aborigines whose national status was equal to that of the United States,making it a "dependent nation within the territory" and finally a "vassal" of the United States.The Indians who finally gained "citizenship" did not really enjoy their due rights,but fell into greater pain.The interpretation of Indian tribal status made by Mars Court in line with the interests of American national development and development purposes reflects not only the problems encountered by aborigines in the survival and development of modern mufti-ethnic countries,but also the deception and hypocrisy revealed by modern western countries in the face of relations with aborigines,the policies and status structure,killing and expulsion of aborigines......is ultimately just a stepping stone in the service of the American federal interests.Through the study of Marshall’s three major cases concerning Indians,this paper notonly depicts the trajectory of Indians’ identity change in the cases,but also analyses the reasoning skills and ways of the cases,so as to have a more specific understanding of the implicit fundamental compliance of the supremacy of American national interests.
Keywords/Search Tags:Sovereignty, Racial precedent, Ethnic Attribute, Reason
PDF Full Text Request
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