Press release
Announcing the Domination Translator Series
The Doctrine of Discovery Project is pleased to announce the launch of The Domination Translator Series by Steven T. Newcomb, a comprehensive 15-part extended essay examining the historical and ongoing impact of the Doctrine of Discovery on United States legal jurisprudence.About The Domination Translator Series
The Domination Translator Series provides an in-depth analysis of how the Doctrine of Discovery-a medieval principle of Christian supremacy used to justify European colonization-has shaped American law from the founding of the republic to the present day. Through detailed examination of landmark Supreme Court cases, presidential doctrines, and legal precedents, the series demonstrates how this doctrine continues to underpin federal Indian law and property rights.
Series Overview
The series begins with an introduction and proceeds chronologically through key legal decisions:
1. Introduction: The Domination Translator Series - An overview of the series and its methodology
2. Fletcher v. Peck (1810) - The first Supreme Court case to reference the Doctrine of Discovery
3. The Marshall Trilogy: Johnson v. McIntosh (1823) - Chief Justice John Marshall's foundational ruling establishing discovery doctrine as U.S. law
4. The Marshall Trilogy: Cherokee Nation v. Georgia (1831) - Defining indigenous nations as "domestic dependent nations"
5. The Marshall Trilogy: Worcester v. Georgia (1832) - Affirming tribal sovereignty while maintaining discovery doctrine supremacy
6. The Monroe Doctrine (1823) - Extending discovery principles to hemispheric policy
7. Martin v. Waddell (1842) - Applying discovery doctrine to property rights and tidelands
8. President "Teddy" Roosevelt's Monroe Doctrine Corollary - The expansion of imperial authority based on discovery principles
9. Tee Hit Ton Indians v. United States (1955) - Denying aboriginal title under discovery doctrine
10. White v. University of California (9th Circuit, 2014) - Modern application of discovery doctrine in higher education policy
11. The Haudenosaunee Cases: Cayuga Indian Nation v. Pataki (2005) - Examining discovery doctrine in contemporary land claims
12. The Haudenosaunee Cases: Oneida Indian Nation v. County of Oneida (2010) - Persistent barriers to indigenous sovereignty rooted in discovery doctrine
13. The Haudenosaunee Cases: Onondaga Nation v. New York (2012) - Environmental justice and the limits of discovery-based law
14. McGirt v. Oklahoma (2020) - A landmark decision recognizing the Creek Nation's reservation despite discovery doctrine precedent
15. U.S. v. King Mountain Tobacco Co., Inc. (9th Circuit, 2012) - Tribal sovereignty and the limits of federal authority
Significance
This series makes a critical contribution to understanding how the Doctrine of Discovery-initially a tool of medieval European colonization-became embedded in American constitutional law and continues to affect indigenous peoples and their rights today. By tracing these cases from 1810 to the present, the analysis reveals both the persistence of discovery doctrine and emerging legal challenges to its legitimacy.
Access the Series
All posts are available at https://doctrineofdiscovery.org/blog/domination/ and are indexed in the Law section of the website, alongside related scholarly articles, amicus briefs, and policy statements.
Funding
Thank you to the Henry Luce Foundation for funding in part the creation of this important series.
Philip P. Arnold, Ph.D.
Doctrine of Discovery Project
c/o Indigenous Values Initiative
P.O. Box 336
DeWitt, New York 13214-9211
info@doctrineofdiscovery.org
doctrineofdiscovery.org
The Doctrine of Discovery Project is an educational project created and supported by the Indigenous Values Initiative dedicated to researching, documenting, and disseminating information about the Doctrine of Discovery and its impact on indigenous peoples, religious institutions, and public policy. The Initiative works to promote the repudiation of the Doctrine of Discovery and to advance reconciliation, justice, and respect for indigenous sovereignty and rights.
For more information, visit doctrineofdiscovery.org
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