It is informative, if ancillary, to look at the creation of
the legal idea “domestic dependent nation.” The US Supreme Court under Justice
John Marshall (1808-1835) was faced with cases involving the conundrum of this
nation being built on the lands of the indigenous people. To say those lands
belonged to the indigenous people would be to say the Supreme Court and even
the young nation of USA did not exist. But facts on the ground meant the court
could not say the indigenous people didn't exist or weren't a nation. With no
legal basis to use in what are now called the “Marshall Trilogy” the court
resorted to old European religious doctrines like the Doctrine of Discovery
(which says any land discovered by European Christians which is occupied by
non-Christians may be taken and the inhabitants who will not convert to
Christianity may be killed or enslaved). The Marshall Trilogy dressed up
religious principles as US law.
And this team is also like other international teams because
we are working across a cultural divide. We all think of the cultural
differences between the US and Spain or France or even England, yet our culture
is a direct derivative of those cultures and only varies in small ways. With
the Native Americans the differences of culture are much greater. While they
have all learned our language, the words and ideas have different meanings
because their culture is different. The culture we have grown up in is a deeply
colonization culture. Through the brightly colored glasses of our colonization
culture it is hard to see the indigenous culture clearly. I do not pretend to
understand their culture and it is possible that I never could, but even on a
casual level one sees a difference in importance they put on people, the role
of elders, the way they their religion is part of everything around them, their
understanding of time, their relationships with their ancestors. All of these
things change what simple words or casual acts meant.
This is an international team in every sense except that we
- the U.S. culture - have internalized the idea that they are the “domestic
dependent nation.”
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