Episode Details
Back to EpisodesThe Legalized Theft of Native Land
Episode 5556
Published 3 weeks, 2 days ago
Description
In this episode, we explore the legalized theft of native land. So think about the concept of a property deed or even a national border. We tend to view these things as sacred. You have a piece of paper that says a house or a farm or a whole territory is yours. And we just trust that the legal system is going to protect that claim. Well, we kind of have to trust that system, right? Otherwise, the whole concept of property and really society itself just starts to unravel. Yeah, exactly. I mean, we rely on the idea that the rules apply equally. And more importantly, that the rules aren't going to just change overnight because someone wealthier or more powerful decides they want what you have. Which brings us to a period in American history where that bedrock was just intentionally pulverized. Oh, absolutely pulverized. Today on The Deep Dive, we are opening up a massive stack of sources like 1802 to extinguish all native land titles within the state's borders. That's a long time to be pushing for this. Yeah. And as the decades passed and the cotton economy just exploded, Georgia started threatening to bypass the federal government entirely and just annex the land themselves. And the federal government ends up giving the southern states a massive legal loophole. It starts with the Supreme Court in 1823, right? The Johnson v. McIntosh case. Yes. That case is pivotal. The court hands down a ruling. that essentially says Native Americans have the right to occupy lands within the United States, but they do not hold the actual legal title to those lands. OK, wait. How can a government legally acknowledge that someone occupies a house or land for thousands of years, but simultaneously declare they have no right to own it? It makes no sense. It requires some