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Public Administration and Public Policy - MPA, PhD, Graduate Certificates. The Department of Political Science offers the Master of Public Administration (MPA), and the PhD in Public Administration and Public Policy is global war thematic essay offered jointly by the Auburn University Department of Political Science and the Auburn University at studies Montgomery Department of Political Science and Public Administration. Global History Cold War Thematic. Graduates from the studies, MPA program are employed as managers, planners, and directors in global essay, city, state, and local government agencies and federal government programs; they also serve as program officers, development directors, executive directors, and senior administrators in local and national nonprofit organizations. The Department of Political Science also offers two graduate certificates: Graduate Certificate in a research paper, NonProfit Organizations and Community Governance and Graduate Certificate in global history war thematic, Elections Administration. The Department of Political Science offers the steps a research, MPA.
It is a professional degree program for essay leadership in public service at all levels of government as well as in nonprofit organizations. The program is accredited by media studies proposal the National Association of Schools of Public Affairs and Administration. Highly qualified students may pursue concurrently the Master of Community Planning. Applicants for the MPA must have a bachelor’s degree or its equivalent from an accredited college or university. The General Test of the global history, Graduate Record Examination is required. Research Paper Publications. The admissions committee will evaluate the global history essay, undergraduate transcripts, GRE scores, letters of recommendation, a writing sample, and any public sector experience in steps to write paper, government agencies or nonprofit organizations. The program is not limited to political science majors, but successful applicants who have little background in public sector institutions and global history cold war thematic, processes may be required to take additional courses. Applicants should ensure these materials are sent to the Graduate School web application: Official scores from the General Test of the GRE Official transcripts from author research lesson, every institution attended Other information listed in the application.
Applicants should ensure these materials are sent to the graduate program officer for the MPA program in the Department of Political Science: Personal statement of cold war thematic, purpose in pursuing the MPA degree Three letters of professional or academic recommendation Writing sample. Send materials to: MPA Program Administrator. Masters of author, Public Administration Program. Global History War Thematic. Department of Political Science. 8030 Haley Center. Auburn University, AL 36849.
Telephone inquiries, call 334.844.5371. Students have to comply with four prerequisites to be considered for author paper lesson the MPA program. Once they are admitted, the program requires 42 semester hours and a portfolio. Global History. Eight core courses for a total of 24 hours credit are required of all students. Students take an research publications additional 12 hours of global history, electives in either public administration, broadly conceived, or an approved concentration in a related administrative field or policy area. The final 6 credit hours consist of either an administrative internship in to write paper, a governmental agency or nonprofit organization or participation in a research project pertaining to the public sector. Cold War Thematic Essay. Students without substantial public sector experience will complete an internship, while those who have prior experience will likely complete a research project and publications, paper. Details about the requirements are provided below. Students who have not satisfied these competencies before they enter the program may take them concurrently with MPA courses. It is important to global history cold, complete the prerequisites as soon as possible to gain full benefit of the regular MPA courses. Practical Experience through Internship or Applied Research Project (6 hours) The program requires a total of 6 credit hours of internship and/or applied research.
Students without significant prior public sector experience take an internship (). Students with direct experience with government agencies or nonprofit organizations will likely complete an approved research project ( POLI 7930 MPA Research Project ), although they may take an internship with the approval of the media dissertation, MPA director. Students may also design a combined internship and research project with the approval of the MPA director. The MPA requires 12 credits of electives. This requirement may be fulfilled in any one of the three following ways:
By taking 12 credits of classes approved by global war thematic the MPA director that support the generalist public administration curriculum By completing the macbeth essays, Dual MPAMCP Degree with Community Planning By completing one of the following two formal specializations: Graduate Certificate in Elections Administration or Graduate Certificate in Non-Profit Organizations and Community Governance. Successful completion of the degree includes preparation and global cold war thematic essay, presentation of the MPA Portfolio to MPA core faculty. The MPA Portfolio demonstrates mastery of the competencies established by the National Association of Schools of Public Affairs and Administration. The MPA Portfolio reviews are scheduled typically in the final semester of course work. Students who do not pass the MPA Portfolio review have one additional opportunity to present their material to MPA faculty in the following fall or spring semester. PhD in Public Administration and Public Policy. The PhD in Public Administration and Public Policy is offered jointly by Auburn University’s Department of Political Science and Auburn University at Montgomery’s Department of Political Science and macbeth essays, Public Administration. Only students with master’s degrees from global history cold essay, accredited universities or colleges will be considered for the AU/AUM joint PhD program. Applicants having an insufficient background in essay, public administration and public policy may be required to take additional prerequisite courses as determined by the admissions committee. Applicants must submit transcripts, a CV or resume, a statement of purpose, letters of recommendation, and GRE scores. Normally, scores of global history cold essay, approximately 150 on the verbal, 150 on the quantitative, and 4.5 on the writing sections of the abortion, GRE are expected for admission.
Applicants should ensure these materials are sent to global war thematic essay, the Graduate School web application: Official scores from the General Test of the should legalised, GRE Official transcripts from every institution attended. Applicants should ensure these materials are sent to the PhD administrators in the Department of Political Science: CV or resume Three letters of recommendation Statement of purpose. For more information, see the website for history cold war thematic essay the PhD in Public Administration. The PhD curriculum includes core courses, a research methodology sequence, the student’s choice of either the Public Administration or Public Policy track, and abortion essay, a series of electives where students develop expertise in chosen area of specialization. Details about the requirements for both tracks are given below.
All students in the program take the core courses in Public Administration and Public Policy. Students will take a three-course methodology sequence covering a broad scope of cold war thematic, political inquiry, research design, qualitative methods, and quantitative analysis. Students must earn a grade of should not be legalised, A or B in each of the global history cold, methodology courses before they can progress to the general comprehensive exams. The PhD program has two tracks, Public Administration and Public Policy. Students are required to take at least three courses within the track they choose. Essay. For the Public Administration track, required courses are as follows: public finance, human resource management, and global, organizational theory. For the Policy track, students should choose three of the following five courses: American politics and public policy, comparative politics and public policy, international relations and public policy, political theory and public policy, and public law and public policy. The other five courses are chosen in consultation with the student’s advisory committee. These electives should help the student develop expertise in a particular area of specialization. Comprehensive Exams, Oral Exams, and Dissertation Defense. During the spring or fall semester after the course work is completed, students take comprehensive exams administered by the department.
The exams will consist of sections testing core and track knowledge as well as one section focusing on students’ areas of specialization. Students will have two opportunities to pass the comprehensive exams and must pass each written examination before scheduling the oral examination. Upon successful completion of the comprehensive exams, students should prepare a prospectus to present to their dissertation committee during their oral examinations. Admission to doctoral candidacy is contingent upon successful completion of all elements of the written and oral doctoral exams. Basic A Research. After completion of the dissertation, the students must pass a final oral examination defending their dissertation work before their committee and a University Reader approved by the Graduate School. Two graduate certificates are offered in public administration and public policy: Graduate Certificate in war thematic essay, Elections Administration and Graduate Certificate in media dissertation proposal, NonProfit Organizations and Community Governance.
Applications for graduate certificates include the global cold essay, same items as applications for abortion not be the MPA degree with the exception that GRE scores are not required. Applicants should ensure these materials are sent to the Graduate School web application: Official transcripts from every institution attended Other information listed in the application. Cold. G raduate Certificate in Elections Administration. These courses are required for the Graduate Certificate in Elections Administration. Corresponding 5000-level classes taken as an undergraduate fulfill the graduate certificate requirement but do not count toward the 42 graduate credits needed for the MPA. Substitutions require permission of MPA Director.
Graduate Certificate in NonProfit Organizations and Community Governance. These courses are required for the Graduate Certificate in NonProfit Organizations and Community Governance. Corresponding 5000-level classes taken as an undergraduate fulfill the graduate certificate requirement but do not count toward the research lesson plan, 42 graduate credits needed for history war thematic essay the MPA. Substitutions require permission of MPA Director. The PDF will include all information unique to this page.
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?Analysis of global history cold war thematic essay Alice Walker’s The Color Purple Essay. “No one is exempt from the basic steps, possibility of a conscious connection to global cold essay All That Is.” Alice Walker explores this quote through the media proposal, story of history war thematic essay Celie. Just like the color purple, the truth, no one is exempt from. No one can run away from the truth. It is inevitably inescapable. German Film. Starting off in a rather harsh setting, Celie starts off her story at the time she is raped for the first time by her own father. Rather straight forward, Walker captures her reader’s interest right in the beginning of her novel.
Blood is thicker than water. This saying is most exemplified throughout The Color Purple. History Cold. Love, the should not be legalised, tale of two sisters reconnecting, was one of the major themes of the story. In depth, love was not always romantic, but existent. Global War Thematic. There were different types of love depicted in the novel: love between family, friends, and couples. Love, in turn, helps with creating and development of relationship between characters. Many other themes are depicted in should essay this great work of fiction: Race, racism, African American women and men, abused wives, sexuality, and relationships. Global War Thematic. These many themes are illustrated throughout the novel through different settings and author research paper plan people.
Structuring her writing in short journal entries to God and the family of Celie, the round character, Walker employed them as one of the three symbols throughout the work of fiction. Traumatizing and explicit events occur during the entries which lead to the internal and external conflicts that will take place through the duration of the novel. In addition to these graphic events that were both inconceivable and horrific in every sense for Celie, the events described in the entries led to the novel being banned within some high schools. In The Color Purple, Alice Walker writes in a southern dialect and low level diction. The setting takes place in global war thematic rural areas of the south where race played a huge part during the time when discrimination was more prevalent in America. Based on the level of diction, Walker writes in an uneducated, southern style. By writing in summary this type of style Walker is able to fully exemplify Celie’s thoughts creating a better understanding for the reader by revealing her level of education and cold war thematic social class.
Sequentially, this adds. verisimilitude to the novel. Born on February 9, 1944 in Eatonton, Georgia; Alice Walker was nurtured by two sharecroppers and was the youngest of eight children by Minnie Tallulah Grant and Willie Lee Walker. When she was young she suffered from steps a research paper a traumatizing experience of being shot by global war thematic essay a BB Gun in the eye by her little brother. She was bullied at an early age because of the scaring of her eye which was finally removed by her doctor eight years after the author research, incident occurred. Before having the scaring removed, Walker wrote in history cold essay order to basic a research paper escape her reality, similar to Celie.
She attends segregated schools throughout her adolescent years and achieves success by graduating from high school and then attends Spelman College, a college founded for African American women. While attending Spelman, Walker also gets involved in the Civil Rights Movement. By furthering her education, she attended Sarah Lewis College and continues to be apart of the Civil Rights movement. After college, Walker got a job and soon after ironically married a White Civil Rights lawyer named Melvyn Leventhal two years later. History War Thematic. The irony of it all is research paper lesson that she marries a Jewish and Caucasian male when all her writing consists of racism, African American struggles, and abuse. Ultimately, the marriage ended in divorce after having conceived their first and only child, Rebecca. Not only recognized for writing novels, Alice Walker is history cold essay also recognized for her collections of poetry. Her first collection is to write a research paper titled, Once. Cold Essay. After publishing her first collection of poetry, she began teaching at Jackson State College where she taught in the Black Studies Program.
She continued to teach and eventually started publishing novels while continuing to publish poetry too. The Color Purple was Alice Walker’s third novel. The struggles that Alice Walker had to endure herself as a child are what helped manifest her development of The Color Purple. This proclaimed book and later motion picture, earned two prestigious rewards: the german, Pulitzer Prize and the American Book Award. The novel achieved a tremendous amount of success and was made into a film that was produced by Steven Spielberg in 1985. Years after, in 2005, its first Broadway musical was produced. Alice Walker continues to be known for history war thematic essay her novels about African American women and her work definitely describes the effect that abuse in research publications the home has on individuals. Which goes to show when it comes to history war thematic The Color Purple as Celie was emotionally and physically abused by her father. The constant telling that she was too ugly, making her quit school at a young age, and macbeth being raped were some of the ways that created the lack of trust within Celie’s family circle. Celie writes letters to God which illustrated a contrast between her spirituality and lack of faith.
Evident, since she does not write to God in hopes of being saved, but out of cold war thematic essay her misery, despair, and lack of hope that life will never work out in media studies her favor. Essentially, Walker chooses to record thoughts of the protagonist with a low level diction and southern dialect allowing Celie’s thoughts to be fully expressed. Based on Celie’s writing technique you know she is uneducated and she admits to it when she says how her father took her out of history cold war thematic school and let her sister, Nettie, keep going. Reading The Color Purple can be described as confusing by those who are not used to such low level and amateurish writing style. Many might stumbled upon Celie’s choice of german essay words and global history cold essay order of her thoughts. Alice Walker captures Celie’s true feeling and the way she actually thinks by spelling word wrong like ask. Basic Steps A Research Paper. She spells ask like “ast” which further exemplifies that Celie is far from being smart. Further into the novel, diction becomes more advanced once the point of view is change from Celie alternating to global cold essay Nettie.
Then the letters are from Nettie writing back to author paper plan Celie. The switch in diction earned some scrutiny by the New York Times, “If Alice Walker’s celebrated and history cold essay prize-winning earlier novel, “The Color Purple,” had a glaring flaw, it was Nettie’s letters from Africa, which tended to a certain monotonous didacticism.” Although appraised for this, by writing with better grammar and a higher level diction, Walker reminds the readers that Nettie is educated unlike her sister. Abortion Not Be Essay. You are able to compare Celie’s writing to her sister and war thematic essay it creates more realism for Celie’s character as it defines her lack of education. In contrast, Nettie’s letters speaks to the audience revealing purpose not out of despair, yet quite different than Celie’s letters. She talks about the civilization of media dissertation proposal Africa, politics, issues on racism that Celie was not very familiar with.
Also, Nettie’s letters adds more credibility to Celie’s character. Clearly, the diction and dialect show Celie’s lack of intelligence, but it also help you understand where the setting takes place. The way Celie speaks and the word choice she uses gives you insight on the rural areas where the setting takes place. The setting often paints an image of a farm as Celie writes in her journal entries how she and Harpo would work in the fields. The setting, taking place in the rural areas of Georgia helps to create atmosphere and establishes credibility and verisimilitude. In turn, this creates realism. Walker uses cultural circumstances of African Americans to help shape her setting. The upsetting, stressful, and cold tragic tones create a rather sympathetic and emotional atmosphere. Race plays a huge role in The Color Purple. All African Americans were viewed as the weaker race, but African American woman were represented as the weaker gender between both sexes. The males take on an overpowering role and abuse their wives to keep them under their control.
After the dissertation proposal, constant abuse Celie looses pride in her own race, self, and gender. It is not until she learns about some of the wealthy societies of Africa and essentially the color purple that she regains some of her pride that was taken away by the males in history war thematic essay her life. Racism against Blacks inflicted by german expressionism film essay Whites, another theme depicted, was just as essential to race as it was to the dehumanization of African Americans. Setting the tone, such blatant, unfair and harsh treatment during early times serves for the foundation of cold how Blacks treated their own kind. Should. “They have the nerve to try to make us think slavery fell through because of global cold essay us, say Sofia. Like us didn’t have sense enough to handle it” (102).
Unlike most in film essay the novel, Sofia had pride in her race. She did not let racism change her outlook and reflection of global cold herself and race. Seemingly, a sense of abortion not be legalised essay pride that one could only wish that most African Americans exhibited. Another theme expressed in The Color Purple is African American women and history cold essay abused wives. Walker paints a picture that all Black males are controlling and disrespect their wives. To some Black males the way Walker portrayed them was offensive.
According to the New York Times, critics claimed that Alice Walker “portrayed black men harshly.” Many Black men felt that Walker expressed prejudice views toward them especially since she married a White man. With that being said, others commended her for her portrayal. In essence, many felt that The Color Purple encouraged lesbianism not only offended African American men. This is confirmed in an article on race and domesticity in The Color Purple. Expressionism. The article states that the novel was “degrading to Black men and promoting lesbianism among Black women.” The males in the novel were Celie’s antagonists. Some felt that Walker had something against African American males and cold war thematic essay that she thought they were all bad.
Likewise, sensing any hostility toward Walker against African American males is understandable. Furthermore, the author was just trying to tell a story of the love of two sisters and the hardships of African American women and wives down south in the early 1900s. Due to the disturbing events that Celie had to endure through her childhood especially she does not even label men in her journal entries. Expressionism Film Essay. Celie always referred to them as “Mr.___.” Perhaps in a way this was her way of taking away power from males. The only good feelings and sexual ones are given to her by females, one in particular Shug Avery. The constant and global history essay explicit talk about sexuality is one of the many reasons why there are high schools who banned the work of fiction from school curriculums. According to research paper the School Library Journal, “The Color Purple ranks 18 on the American Library Association’s list of 100 most frequently challenged books.” With that being said, high schools forbid their school libraries from ordering the book.
The incestual scenes between Celie and her father alarmed the parents of Little Axe High School and they force the global cold war thematic, school to macbeth ban the history war thematic, novel (Norman). Although there are some overtly explicit experiences Celie dealt with, it is nothing that should be banned. Some high schools, usually those with a predominantly Black population can relate to this story, but schools like Little Axe High School probably would find a harder time relating to the story since their school is predominantly White. However, that does not mean someone White would not enjoy reading the novel. A Caucasian student, attending Warren Mott high school as a senior this year, actually enjoyed reading the novel in her English 11 class her junior year.
To help enhance the understanding of African American culture and essays history, The Color Purple has been put in many high school curriculums. Global History Cold Essay. A case study written by Rob Baum states that, “Woods High School added The Color Purple to its curriculum to rectify its balance of german expressionism film essay gendered and global history war thematic raced texts.” Adding on, reading The Color Purple for opposite races and even African Americans themselves can give much insight on some of the oppressed, abused, cultural backgrounds of African Americans. Studies. Throughout the novel, Celie struggles with her sexuality. This is an history cold war thematic essay example of the internal conflict within Celie. All her life she was beaten and raped by media studies dissertation the men, including her father and global cold war thematic essay husband. Dealing with much abuse causes Celie to have no confidence.
Celie has no sense of her own actuality. She has no self worth, inner beauty, or formal intelligence. As Celie works through her internal conflict, the symbols employed throughout the novel are shown. The conflicts worked through the novel to steps add to the tragic and upsetting atmosphere. History War Thematic. Along with internal conflict, there was also some external conflict.
There was external conflict between Celie and the men in her life. Studies Dissertation. Her father and husband are just some of the examples of external conflict. Not only did the protagonist have external conflicts between men, other supporting characters such as Sofia and Harpo did as well. History Cold Essay. The males in the story try to dominate their women, while some succeed in doing so and others do not. Celie is an example of the women who accepted the oppression and just tried to survive. Day by day, she never fought back until given the courage in the end. Sofia, on the other hand, was an example of how women fought back against the sexist ideas that men could do whatever they wanted to overpower their wives, including beat them. Relationships were significant in the development of the novel. The relationships between women and women, men and women, and people and God were illustrated.
Just like there was love among the women, there was also jealously. The bond between Shug and Celie started off with jealously as Shug was prettier and was able to get the attention of Celie’s husband and stand up to him. The women stayed within competition of one another until they were finally able to ban to together and rise against the men in their lives that were keeping them down. The relationship between Celie and Shug was one the most prominent relationship in the story. After their bond was formed Celie learns many life lessons that ultimately help to liberate her from the captivity of male dominance in the story. Next, the essays, relationships between men and women often lacked love and passion in global essay their marriages. The men were too busy following after their fathers that they never learned how to truly love their wives. Depicted in proposal the novel, Black men felt they had to “wear the pants”; this idea transcends through The Color Purple as the men fail to break away from the tradition of trying to tame and train their wives.
In doing so, some lost their wives respect and love in cold war thematic some circumstances. Instances such as when Harpo observed his father’s relationship between him and his wife. Harpo formed the conclusion that by basic steps beating his wife like his father did to essay Celie, he might create a more controlling and accepting relationship between him and his wife. Research Publications. Trying to earn her respect by watching his father’s relationship with Celie, he beats his wife, Sofia. In response, Sofia lashes out and fights back. She was the cold, perfect example of women who were true to dissertation proposal themselves in mind and physique. Additionally, the history, males in the novel let their violent fathers dictate how they handled their own relationships. Should Essay. Furthermore, the relationships that Celie encounters with men in global history cold her life cause her to feel no type of attraction or passion from men. “Naw, I say. Expressionism Film. Mr.______ can tell you, I don’t like it at all. Global History Essay. What is it like?
He git up on you, heist your nightgown round your waist, plunge in. Most times I pretend I ain’t there. He never know the difference. Never ast me how I feel, nothing. Just do his business, get off, go to essay sleep”(77). In this excerpt, Celie describes how she felt about having intercourse with her husband. Unfortunate enough, no love or passion is felt, just abuse. Last, but not least, the relationship among people and cold war thematic essay God was exemplified through Celie and how she views God. After being raped Celie loses her sense of love with God. To Celie, God was a male therefore, she lost faith in him like all the other males she had to encounter in her life.
Writing to him out of loss of hope, she loses sight of the color purple and the liberation of life. By the research paper lesson, end of the novel, Celie realizes the color purple is nature and global history war thematic the two combined is God as well. Viewing the two as one, she grasps the feeling of joy and being free. Symbolism takes place throughout the novel. Like God, the color purple, represented nature. It stands for all the beauty that nature beholds and one of the macbeth essays, unrecognized truths Celie had yet to understand. Celie had no idea of what the color purple was in the beginning.
She lived life only to get to the next day. It was not until Shug came into her life that she gets a sense of the color purple. History Cold War Thematic Essay. Then she is able to liberate herself from the essays, control of history cold war thematic her husband and move forward in life. “Until you do right by me, I say, everything you even dream about will fail. I give it to him straight, just like it come to me. And it seem to basic steps a research paper come to me from the trees” (206). This quote is evident of Celie’s transformation. Once wounded, she is cold essay now a warrior. Unrecognized, the color purple was the main idea of the story carried forward, hence its name. Later on in the novel once Celie is steps to write a research paper living her life freely without the strong hand of men, she begins to make pants. Gaining a sense of actuality, beauty, and cold essay confidence in media studies proposal herself, Celie wears the pants as well as making them. The pants symbolized how Celie overcame the sexism she always was subjugated to.
Since pants, culturally was a male article of clothing in global war thematic the early 1990s, wearing and producing them gave Celie a sense of basic steps to write a research paper power she never felt before. History. The idea that men wore the pants was no longer a belief of Celie and it proves true in the novel. German Expressionism Film Essay. She no longer felt oppressed and cold afraid emotionally or economically. Her clothing business consisting of only pants was one of the starting blocks in her life that she was not afraid of men and she did not need them to support her emotionally or financially either. Therefore, pants being symbolic of abortion should legalised manhood in cold war thematic many ways, making them was liberating for Celie. God was also a symbol, not just the color purple and pants. Author Research Lesson. Writing to God is what kept Celie life moving.
Her letters to God were an indication that she was still alive and sane. Global Essay. Furthermore, the letters added to the verisimilitude of the novel. The employed symbol was used to media proposal give insight to the setting through Celie’s eyes which helped to create realism. The Color Purple expresses the theme that everyone has a story to tell. Celie’s story was told in the novel. Going more in depth, the plot of the story helps enlighten readers on all the themes discussed in the previous paragraphs. The plot shaped the Walker’s story into a tragic love story that of two sisters trying to reunite once again.
The violence, abuse, and war thematic sexuality of the plot are told from Celie’s perspective and through her writing of expressionism letters the other themes in the novel are revealed: symbols, marriage, and race. As stated in the Masterplots Revised Second Edition, “Alice Walker’s novel is unique in its preoccupation with spiritual survival and with exploring the oppressions, insanities, loyalties, and triumphs of Black women.” Speaking to history war thematic essay many unrecognized truths and possibilities of life, The Color Purple employs symbols in legalised essay order to let those truths become understood. Global War Thematic Essay. Setting, structure, diction, and dialect serve the summary essays, purpose of verisimilitude for global history cold Walker. She uses them to create realism and credibility for her readers. Although criticized for her portrayal of African American men, the novel is still to this day a classic. The critical analysis of sex and basic steps to write lesbianism caused much uproar in some high school including Little Axe High School resulting in the banning of the novel in the school’s curriculum. Yet, it remains a best seller. University/College: University of Chicago. Global. Type of german expressionism film essay paper: Thesis/Dissertation Chapter. Date: 19 March 2016.
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PART II: THEMATIC ESSAY - P-12: NYSED
court trial essay Patricia Engle (January 2004) (1) Johnson v. M'Intosh is a title dispute over a land parcel of some 12,000 acres in present-day southern Illinois. The case, decided by the U.S. Supreme Court under Chief Justice John Marshall in global essay, 1823, turned on the question of whether or not Indians had the right to transfer land title by sale to basic a research paper private citizens. Like many cases that determined the rights of U.S. aboriginal peoples, the litigants were non-native whites.
The plaintiffs, heirs of Thomas Johnson, had acquired title to a share of the acreage in question through Johnson's purchase of global cold essay this and other land parcels, as a member of the United Land Company, directly from Piankeshaw Indians in 1775. The defendant, William McIntosh (spelled M'Intosh in the decision), obtained title through his subsequent purchase of the same 12,000-acre parcel from the federal government in 1815. In finding for Defendant McIntosh, the court ruled that the nature of abortion should essay Indian title is such that Indians can only global war thematic essay, transfer title to the federal government. Publications. The decision is understood to be part of the federal government's strategy to establish itself as the only entity with which the Indians could conduct business. Johnson v. M'Intosh's greatest legal significance is its standing as the first of three cases known as the Marshall trilogy that work in combination to define Indian property rights, political status, and sovereignty rights. (2) Joseph C. Burke offers this succinct summary of the court's unique ruling on Indian title in Johnson v. M'Intosh : The United States held the ultimate right to the soil; the tribes retained the right of possession with the limitation that they could sell only to the United States. History Essay. Marshall suggested that the right of the United States might be compared to a seisin in fee and the Indian right to a lease for author, years. (138)
As Eric Kades has pointed out, the global cold war thematic essay, effect of the research lesson, decision was to establish the global cold, federal government as a monopsony, creating a single-buyer market (History par. 123) for the purpose of driving down the price of Indian land even further than it had been: By preserving a unitary entity to macbeth deal with the Indians, Marshall's opinions [in the trilogy cases] helped the United States to continue to war thematic buy Indian land cheaply (Dark Side). Macbeth Summary Essays. Scholars have tended to view Marshall's ruling in global cold, M'Intosh as a foregone conclusion, a mere administrative codification of federal policy and national ambitions. Robert A. Williams, Jr., for example, has characterized Marshall's decision in M'Intosh as a fait accompli (308), since Marshall's judicial task was merely to fill in the details and author research plan rationalize the fictions by which Europeans legitimated the denial of the Indians' rights in their acquisition of the Indians' America (312). (3) Whether or not the court's establishment of the federal government as the holder of ultimate title to Indian soil was legal or proper, M'Intosh is relied upon by Indians and Indian law scholars alike for the half a loaf it retained for global cold war thematic essay, Native Americans: recognition that certain vestiges of tribal sovereignty, particularly with respect to self-government, remained intact. As Vine Deloria, Jr., puts it, Marshall's definition in effect traded a vested property right for a recognized political right of quasi sovereignty for the tribes (American 126). Summary Essays. The community of Indian law practitioners is divided in history essay, its regard for Marshall's decision in M'Intosh . Studies Dissertation. In fact, as Kades notes, certain scholars throughout the years, [b]eginning with Felix Cohen [. War Thematic. . .], have described Marshall's opinion as a brilliant compromise between the political pressure to take Indian lands, and the immorality of outright extirpation (Dark Side).
For all these reasons, the trilogy decisions are among the most frequently cited cases in United States legal history. Argument for Rhetorical Significance. (4) Aside from its legal significance with respect to steps to write a research paper Indian property rights and global cold war thematic essay sovereignty limits, though, I find Johnson v. M'Intosh of critical historical value because it exposes hidden and unstable prejudices in United States American ideology, literally in their making. What we see in this decision is Justice Marshall performing nothing short of ideological alchemy. He marshals together all the ingredients of media proposal medieval conquest discourse theretofore used to justify removal of native peoples from their U.S. homelands and, recognizing that none, singly or in tandem, truly pass legal muster, applies to them the pressure of manifest destiny to transform them into a new and different rule of global war thematic conquest. That new and different rule served to dispossess native peoples of their lands, decimate their numbers, and basic steps to write a research extinguish many native cultures as well, while skewing core dogma of U.S. Global History Cold. democracy with faulty premises of superior entitlement. Those premises have continued, through time, to bifurcate what we say from what we do, both internally and in our global relations. Furthermore, inasmuch as the trilogy decisions established doctrines inconsistent with treaties, postures, and pronouncements that the legislative and executive branches of the government had represented up to that point in time, they set dangerous precedent for judiciary caprice, which we are seeing reach crisis proportions today.
(5) Accordingly, I invite the reader to approach the Johnson v. Macbeth Summary. M'Intosh decision as one would a documentary of a difficult crossing in the journey of a young government toward nationhood and national identity. What I argue is global history cold war thematic essay, that M'Intosh and essays the trilogy document two parallel tracks of boundary expansion that were simultaneously occurring in the United States after the colonies achieved independence from Great Britain: at the same time that native territorial boundaries were being breached and pushed continually westward, the moral boundaries of nascent U.S. American ideology were also being continually breached and history cold war thematic essay reset, further and further away from founding principles of equality, tolerance, and compassion. The good news is that the german expressionism, slippage did not go down easily or uncontested. The trilogy decisions, including the global, minority dissent filed in summary, the second case, Cherokee Nation v. State of Georgia , and the concurring opinion in the third, Worcester v. State of Georgia, are rife with disagreements, inconsistencies, and some outright contradictions. To the extent that the justices' disagreements may reflect inherent, continuing, and growing unrest about the history cold war thematic, treatment of Native Americans in the United States and the ancillary damage done to the nation's founding principles, reparations and course changes still remain possible. Should Not Be. The first step is to recognize the significance of history war thematic essay certain rhetorical and ideological moves M'Intosh and the trilogy embody. The particular aspects of M'Intosh I propose to probe are Justice Marshall's treatment of medieval doctrines of basic steps discovery and conquest, the nature of the new rule of conquest he forges from these traditional land-seizing justifications, and certain ideological dynamics between M'Intosh and the other two cases in the trilogy with respect to human rights and national interests.
Discovery Doctrine Endorsed on Principle. (6) Despite some pro forma equivocation on its plausibility and rationality, Justice Marshall agrees that the doctrine of discovery granted various European powers rightful entitlement to certain pieces of North America discovered under their commissions to be either empty or occupied by non-Christian, non-agricultural peoples, which Marshall finds had been historically considered to mean the same thing: [N]o distinction was taken between vacant lands and lands occupied by the Indians. Essay. On his first pass, Marshall upholds discovery rights on principle: On the discovery of this immense continent, the great nations of Europe were eager to appropriate to themselves so much of it as they could respectively acquire. Its vast extent offered and [sic] field to the ambition and enterprise of all; and to write a research paper the character and religion of its inhabitants afforded an global cold, apology for considering them as a people over whom the superior genius of Europe might claim an ascendancy. Further in the decision, he reiterates: Although we do not mean to engage in the defence of those principles which Europeans have applied to essay Indian title, they may, we think, find some excuse, if not justification, in the character and history war thematic habits of the studies proposal, people whose rights have been wrested from them. This opinion conforms precisely to the principle which has been supposed to be recognized by all European governments, from the first settlement of America.
The absolute ultimate title has been considered as acquired by discovery [. . .]. Certainly, Marshall does more than simply review the history and practice here; he vigorously defends it, pointedly upholding the medieval premise that the primacy of Christianity and Western civilization justifies seizure of lands from non-Christian peoples. Global Essay. Accordingly, he finds Great Britain's New-World claims, passed on to the newly independent United States, legal and expressionism film binding in U.S. law. The federal government's title, he ruled, was subject only to war thematic the fatally tenuous, as the later Cherokee case would prove, Indian right of occupancy. (7) As Williams argues, Marshall's endorsement of the discovery doctrine on principle in M'Intosh facilitated not only the material dispossession but also the cultural extirpation of native peoples, on the basis of a doctrine which, at its heart, is inherently and media studies dissertation inescapably biased and history cold war thematic essay oppressive: Perhaps most important, Johnson's acceptance of the Doctrine of Discovery into United States law preserved the legacy of 1,000 years of European racism and colonialism directed against non-Western peoples. [. . . ] While the expressionism film essay, tasks of conquest and colonization had not yet been fully actualized on the entire American continent, the originary legal rules and principles of federal Indian law set down by Marshall in cold war thematic essay, Johnson v. M'Intosh and its discourse of conquest ensured that future acts of genocide would proceed on a rationalized, legal basis. Summary. (317)
Williams' placement of racism in history war thematic, discovery's wake supports my sense that race, class, and other manner of social oppression became embedded in U.S. ideology by the manner in which the german essay, Indian lands were taken. History Essay. Returning to the case at hand, though, we must not miss the immediate ripple of moral boundary-busters that emanated from M'Intosh . The state of publications Georgia, for one, wasted no time in putting to use the gift that the cold essay, M'Intosh decision clearly constituted to a state seeking seizure of title to research lesson plan Indian-occupied land. Georgia began, in cold essay, 1824, actions culminating in its 1828 Indian Removal Act (Washburn 27), the subject of the second case in the Marshall trilogy (1831), which resulted in the driving of some 16,000 Cherokees, in all, from their ancestral homelands in the south across the not be legalised essay, Trail of Tears to Oklahoma (Deloria, American 129). (8) Although M'Intosh does not give individual states the history essay, right to extinguish Indian title, reserving that unique power to the federal government, Georgia knew that obtaining federal approval was just a move away. Indeed, Georgia's 1828 Act became federal law in 1830, after passing a Senate vote of 28 to 20 and a House vote of 103 to 97 (Krupat 143).
Justice Marshall's belated attempt to halt the Cherokees' removal by declaring Georgia's actions repugnant to the constitution, laws, and author paper treaties of the United States in global cold war thematic essay, the third case of the trilogy, Worcester v. State of Georgia , was for german expressionism film essay, naught. Global War Thematic. President Andrew Jackson effectively vetoed the court's order in that case for the release of two Vermont missionaries sentenced to four years of hard labor for remaining on the Cherokee lands claimed by Georgia without a permit and ordered that Georgia's removal of the Cherokees to Oklahoma be executed as planned. (9) Thus, the Supreme Court's truncation of Indian title in M'Intosh , followed by its nullification of Indian legal rights in the second case by declaring the Cherokees neither citizens nor foreign nations and therefore unable to advance a complaint in the legal system, can be seen as having triggered the Georgia-Jackson coalition and macbeth the enactment of an epic American tragedy that even the Supreme Court could not stop. Marshall biographer Herbert Alan Johnson characterizes President Jackson's defiance of the Worcester decision as a confrontation that thoroughly humiliated Marshall and his Court (196). However, the role that M'Intosh played in constructing what Arnold Krupat calls the story that justified Indian removal in the 1830s cannot be overlooked. In Krupat's view, [. . .] Indian removal could finally be written into law and enforced in the 1830s because by that time, a certain story about America and about civilization had become sufficiently acceptable that it could be used as ideological justification for global history war thematic, certain sequences of publications causes and effects, for the policy of [ . . . History. ] expansion with honor. (133)
In this sense, the justifications Marshall articulated for the federal government's title rights to Indian land in M'Intosh — as much as the summary essays, case decision itself — worked like the evil magic described in Leslie Marmon Silko's Ceremony , set in motion by a sorcerer's spell to send whites swarming like larva / out of a crushed ant hill (136) to dispossess natives across the United States. Just like that perverse spell, Marshall's words in M'Intosh were already turned loose [. . .] already coming [. . .] can't be called back (138). (10) It is important to global history war thematic essay note that the front presented by the legislative and media studies dissertation executive branches of the federal government prior to global history war thematic M'Intosh had by and large been one that sought to court the native chiefs in peace and friendship, a fact Marshall acknowledged in the denigrated Worcester decision, as will be discussed hereinafter. Expressionism Essay. Such good-government/bad-government strategies, coupled with the discursive skips and shifts evident among the trilogy cases themselves and in their relation to legislative and executive policies that followed in their wake, were consistent with the way Old World empire expansion had been conducted. The Marshall decision in global history war thematic essay, M'Intosh signaled that the business of empire would proceed in the New World in the same way but on expressionism, a larger scale, with greater speed and legal backing.
Each egregious breach of decency set new precedent, a new lowering of the moral bar. M'Intosh's endorsement of the discovery doctrine on principle dropped the bar low and global essay long enough to release imperialist greed into the United States legal system. Discovery Doctrine Endorsed on Basis of Practice. (11) If endorsement of the discovery doctrine on principle were not enough, though, Marshall also affirms the validity of film its New-World application on the bases of historical precedent and the native people's acquiescence: However extravagant the pretension of converting the history cold war thematic, discovery of an inhabited country into conquest may appear; if the principle has been asserted in basic, the first instance, and afterwards sustained; if a country has been acquired and held under it; if the property of the great mass of the history war thematic essay, community originates in it; it becomes the law of the land, and cannot be questioned. [. . .] However this restriction may be opposed to basic steps paper natural right, and to global cold war thematic essay the usages of civil nations, yet, if it be indispensable to that system under which the country has been settled, and be adapted to the actual condition of the two people, it may, perhaps, be supported by reason, and certainly cannot be rejected by Courts of justice. Here Marshall appears to chafe in reluctance to a practice that may or may not be legal, reasonable, or morally justifiable, but to macbeth essays which he is bound to submit because it constitutes the custom or practice under which the country has thus far been settled. The practice is so pervasive and uncontested, he suggests, as to have now hardened into history war thematic law. In my opinion, this position is indefensible for several reasons. (12) First, the doctrine of discovery only applied to European powers, not the indigenous peoples over whose lands the monarchs were competing. In M'Intosh , Marshall blurs that distinction, as previously noted, stacking his argument to use discovery as a basis for his novel, bi-level land-title rule, whereby Indians retain only studies dissertation proposal, a tentative occupancy title, subject to extinguishment by the federal government, which possesses ultimate title.
The nullity of discovery's support for governmental title claims had been pointed out earlier by Justice Johnson, in his dissent to the pre-trilogy Fletcher v. Peck case (1810), which had started the erosion of Indian title rights by declaring Indian title not such as to be absolutely repugnant to seisin in fee on the part of the state. Justice Johnson had disagreed then with the majority's finding that both the Indians and the state of global history cold war thematic essay Georgia could claim title right to Indian soil: [I]numerable treaties formed with [Indians] acknowledge them to be an independent people, and summary the uniform practice of acknowledging their right of soil, by purchasing from them, and restraining all persons from encroaching upon their territory, makes it unnecessary to insist upon their right of soil.[. . .] What, then, practically, is the global cold essay, interest of the states in the soil of the Indians within their boundaries? Unaffected by particular treaties, it is dissertation, nothing more than what was assumed at the first settlement of the country, to wit, a right of cold war thematic essay conquest or of purchase, exclusively of all competitors within certain defined limits. ( Fletcher v. Peck ) (13) In his 1832 Worcester decision, finally, Marshall reins in his expansive interpretation of discovery in this regard, placing it more in conformance with Justice Johnson's arguments twenty-one years earlier: This principle, acknowledged by all Europeans, because it was the author research, interest of all to acknowledge it, gave to the nation making the global cold war thematic, discovery, as its inevitable consequence, the sole right of acquiring the soil and of making settlements on it. It was an exclusive principle which shut out the right of competition among those who had agreed to it; not one which could annul the previous rights of those who had not agreed to it. Articulation of such distinctions in 1832, of course, could not close the floodgates opened by M'Intosh's 1823 wholesale adoption of medieval discovery rights. In fact, given the pattern of publications events that Marshall had seen flow from M'Intosh in those nine years, his pronouncements in support of Cherokee treaty and land rights in the 1832 Worcester case can be seen as gratuitous and self-serving, though Marshall biographer R. Kent Newmyer suggests he may have approached Worcester with an eye to soften the impact of M'Intosh , and to harmonize the law of the land with his personal feelings about Native Americans (qtd. in Kades, History par. 126). (14) Second, Marshall's position that the discovery rule had been settled by acquiescence and precedent in the United States is shamefully gratuitous for two reasons: 1) the treaties and cold war thematic verbal agreements the research lesson, federal government had been forging with the Indians since first contact made no such representations of the government holding ultimate title to tribal lands, by cold war thematic essay virtue of the plan, discovery doctrine or any other such dream-law; and 2) the Indians had no voice recognized by U.S. law with which to protest any such representation, even if they were aware of it, which they most certainly were not. In this latter regard, Marshall's decision in the second case of the trilogy, Cherokee Nation v. Global History War Thematic Essay. State of research paper Georgia , proved the Indian's non-person legal status, ruling that because the Cherokees were neither U.S. Cold War Thematic. citizens, nor a foreign nation, nor citizens of a foreign nation, they had no legal right under the Constitution to not be essay bring their complaint of eviction from ancestral homelands, in violation of global history essay a federal treaty, to the U.S. Supreme Court.
(15) Kades employs Hirschleifer's principle of muscular economics to describe the manner in which the federal government coldly and efficiently expropriated tribal lands and, in this connection, cites Johnson v. M'Intosh as just one element of research paper publications a calculated, rational, unemotional effort to obtain Indian lands at the least cost (Dark Side). Cost efficiency, Kades surmises, dictated Marshall's reasoning to an extent that necessarily excluded all moral and humane considerations: This analysis rejects the kindness imputed to Marshall by the benevolent school and the truculence imputed by the malevolent school. Cold. The working assumption is that such a sweeping national policy to transfer wealth must be understood, at bottom, in terms of proposal selfishness (economics), not benevolence or malevolence (morality or lack thereof). (Dark Side) Certainly, the silence and invisibility of native peoples themselves from the trilogy cases prove that the U.S. government in its infancy stages had mastered from the history war thematic, British the fine art of shunning indigenous peoples into non-person status in order to justify seizure of their land. The pattern employed in the Crown's 17th century Ulster plantation project in macbeth summary essays, Northern Ireland is replicated here in cold war thematic essay, cool precision: suspension of legal rights, the outlawing of the culture, and the galvanizing of settlers against the indigenous others. Film Essay. In Isaac de Pinto's 1776 Letters on the American Trouble , we can see some indication that the parallel to the Irish model was apparent to global cold war thematic foreign visitors at not be legalised, the time, as well: [. . .] it is the temper of Oliver Cromwell which has unhappily taken root and germinated in the wilds of America (qtd. in Pagden 37). (16) The Ulster plantation parallels the U.S. plantation for another reason; they both violate the religious underpinnings of the colonizing discourse each employed. The indigenous Irish in Ulster province should have been exempt from removal under the discovery doctrine because they were already to some degree Christianized. Their removal on the basis of England's discovery and history cold essay conquest rights makes as much sense as dispossessing the deeply spiritual Native Americans from their United States homelands to make room for a new government founded on freedom of religion. The Ulster and American plantations differ, though, in the all-important realm of public opinion.
The oft-quoted observations of Alexis de Tocqueville summarize the nature and effect of the new level of humanity United States Americans had grafted onto steps to write a research paper, Old World models of plantation: The Spaniards by unparalleled atrocities which brand them with indelible shame did not succeed in exterminating the history cold essay, Indian race and could not even prevent them from sharing their rights; the United States Americans have attained both these results with wondrous ease, quietly, legally, and philanthropically, without spilling blood and without violating a single one of the research paper, great principles of morality in the eyes of the world. It is impossible to global war thematic destroy men with more respect to expressionism the laws of humanity. (qtd. in Krupat 144) Sir Francis Bacon enunciates the lethally subtle distinction that occurs when plantation is undertaken on occupied soil: I like a Plantation in a pure soil; that is history cold essay, where People are not displanted to the end, to Plant others. For else it is rather an studies dissertation proposal, Extirpation than a Plantation (qtd. in global history, Pagden 79). As quietly, legally, and philanthropically as Marshall may have intended to craft his decisions in the trilogy cases, destruction and extirpation of research a people, as Tocqueville and Bacon sagely observed, was to history cold war thematic be their effect. (17) While they were barred from the courtrooms, native leaders were not accepting the legal strategies for their dispossession and extirpation in silence. This excerpt from the testimony of an unidentified Indian leader during a hearing with land commissioners in 1793 speaks volumes on how the federal government's pronouncements of their diminished rights were received by native peoples:
Brothers: We never made any agreement with the basic steps to write a research paper, King nor with any other nation, that we would give to either the exclusive right of purchasing our lands; and history cold we declare to you, that we consider ourselves free to author research paper plan make any bargain or cession of lands, whenever, and to history cold essay whomever we please. Expressionism Film. If the white people, as you say, made a treaty that none of them but the King should purchase of us, and history cold war thematic that he has given that right to the United States, it is an affair which concerns you and essays him, and war thematic essay not us; we have never parted with such a power. (qtd. in Kades Dark Side) Again, the parallels to Old World models of conquest are compelling. Publications. The Supreme Court's 19th century declarations of cold war thematic essay government entitlement to Indian land title, made in hearings conducted without the Indians present or even involved, are tantamount to the 16th century Spaniards' practice of reading off the Requerimiento, in Spanish, to inform New World natives who understood not a word of Spanish of their rights as a conquered people. Why Focus on the Discovery Doctrine is Significant.
(18) Because the discovery doctrine does not, by principle or practice, constitute a defense for media studies dissertation proposal, a governmental claim to ultimate title of Indian lands, the best explanation for Justice Marshall's endorsement of it is probably that which Deloria and Wilkins suggest. Global History Cold Essay. It was not the idea of a cabal of german film mid-Atlantic businessmen buying Indian land that concerned the court but rather the possibility that European powers could still strengthen their New World holds through land-purchase alliances with Indians inside and surrounding the United States: The Revolution resolved the question of political independence only for war thematic, the Americans. It did not affect the posture of other European nations toward Indian tribes. After the war the British conducted several treaty councils with the tribes of the Ohio and Great Lakes country. [. . .] The Spanish quickly made treaties with the strong southeastern tribes, most notably the Creek and Choctaw, and in 1785 made an important treaty with the Comanche, which had to be conducted at media dissertation proposal, several locations in the Southwest because the tribe controlled nearly one thousand miles of territory considered by the Spanish to be their borderlands.
Russian trading companies made treaties with California tribes to secure their title to land. Global History War Thematic. And following the Mexican Revolution in 1820, the new Mexican government immediately began making treaties with tribes who resided primarily in the area later settled by the United States, and continued to do so until the 1870s. (9-10) Sight should not be lost of the basic a research paper, stature of those mid-Atlantic businessmen, however. Thomas Johnson, for global history cold, example, was to become Maryland's first governor, serving in that capacity from 1777-1779. Later, he would himself serve as a U.S. Supreme Court justice. Lord Dunmore, another member of the land company involved, was governor of Virginia at the time of purchase. Clearly, Marshall's concentration on the discovery rule and his decision in M'Intosh that Indians could only transfer land title to the federal government are moves to marshal control of Indian land title into the hands of the federal government in order to keep European powers out and, as Kades says, to drive Indian land prices down. Marshall's finding, in the second case of the trilogy, that the Cherokees did not constitute a foreign nation pinioned native peoples finally and securely under the thumb of the federal government. However, as Deloria and Wilkins note in the excerpt quoted above, native leaders did continue to make treaties with outside concerns for some years after the author research paper lesson, trilogy cases were decided.
(19) The sovereignty rights exercised by global cold war thematic the Indians in the making of such treaties with both European powers and the U.S. federal government coupled with Tocqueville's previously mentioned observation about the relatively bloodless manner in which the Indians were being removed from their lands brings into focus the abortion should not be, second principle of medieval crusade discourse adopted by Marshall in Johnson v. M'Intosh : the rights Great Britain and ergo the United States had acquired through conquest. (20) In M'Intosh , Justice Marshall relies heavily upon the principle that the federal government acquired the right to war thematic essay Indian soil through its conquest of native peoples: Conquest gives a title which the media dissertation proposal, Courts of the conqueror cannot deny, whatever the private and speculative opinions of history war thematic essay individuals may be, respecting the original justice of the claim which has been successfully asserted. The British government, which was then our government, and whose rights have passed to the United States, asserted a title to all the lands occupied by Indians, within the chartered limits of the British colonies. It asserted also a limited sovereignty over them, and the exclusive right of extinguishing the title which occupancy gave to them. Research Paper Lesson. These claims have been maintained and established as far west as the river Mississippi, by the sword. [. . .] It is not for the Courts of this country to question the validity of global history essay this title, or to sustain one which is research, incompatible with it.
In his recitation, shortly after this passage in M'Intosh , of the history of global cold war thematic conquest of author paper plan native peoples in the United States, Marshall refers to the [f]requent and bloody wars, in which the whites were not always the aggressors; the outcome he reports is that European policy, numbers, and skill, prevailed. (21) As Tocqueville's observations suggest, though, the sword was not the prevalent strategy employed by either the Crown or the United States to dispossess native peoples of their land. The fact is, as Kades notes, that wars were the history cold, exception to the rule: The pattern of European land acquisition in New England, purchases punctuated by author research paper lesson plan rare conquests, repeated itself across the global cold essay, rest of the continent. The United States paid over $800 million for Indian lands. According to Congress, the United States exercised the right of conquest only once [referring to a forced 1862 relocation of Indians in Minnesota, in which the Indians received the proceeds of the sale of their land] and then half-heartedly. (History par. 17) In his 1831 Cherokee Nation v. State of Georgia decision, dismissing the Cherokee's protest of Georgia's Indian Removal Act, Marshall acknowledges that Indian lands had generally been acquired through voluntary cession:
Though the Indians are acknowledged to have an unquestionable, and unquestioned right to the lands they occupy, until that right shall be extinguished by a voluntary cession to our government [. . .]. Granted, the term voluntary cession is a euphemism for legalised essay, the extremely aggressive campaign of history cold war thematic essay coercion through which Indian land cessions had been obtained. As Burke explains, In theory, the Government treated with the tribes as sovereign nations, purchasing only the lands they chose to sell and guaranteeing forever their title to the land they chose to keep. Not Be Legalised Essay. In practice, the constant encroachment of white settlers, which the state government would not and history cold essay the federal government could not prevent, made a mockery of Indian sovereignty by forcing tribes to sell lands they wanted but could not peacefully keep. [. . .] Because the Indians, under pressure, usually sold the lands that the settlers demanded, the President, the Congress, and the Supreme Court could maintain the formal position that cession had been voluntary. Basic A Research. (150) The slippage from the conquest defense is significant, however, in that it reveals Marshall's struggles, through the course of the trilogy cases, to construct a spin about past land title acquisitions capable of supporting future encroachments at an even more vigorous pace. (22) By the third decision, the 1832 about-face Worcester , Marshall seems to have relinquished M'Intosh's defense of war-based conquest rights completely, as he observes that defensive war alone seems to have been contemplated and [t]he power of war is given only for defence, not for conquest. The stress cracks from global history cold essay straddling legal and world-opinion forums were now beginning to show. (23) Perhaps the most compelling testimony, however, to paper the fact that land title had historically been transferred through purchases and treaties, not conquest, comes from the Cherokee Nation itself, in its December 18, 1829, written memorial to Congress, prior to the Cherokees' fruitless appeal to the Supreme Court: In addition to that first of history war thematic all rights, the right of steps to write a research inheritance and peaceable possession, we have the faith and pledge of the United States, repeated over and over again, in treaties made at various times. [. History Cold War Thematic. . .] If we were but tenants at will, why was it necessary that our consent must first be obtained, before these Governments could take lawful possession of our lands? The answer is obvious.
These Governments perfectly understood our rights—our right to the country, and our right to steps to write self Government. History Cold. [. . .] The undersigned memorialists humbly represent, that if their interpretation of the treaties has been different from that of the Government, then they have ever been deceived as to how the Government regarded them, and what she has asked and promised. Moreover, they have uniformly misunderstood their own acts. (rpt. in Krupat 170-72) Likewise, this passage from their November 5, 1829, memorial establishes that the Cherokees' relationship with Great Britain prior to the colonies' independence had most certainly not been within the constraints of conquest: It is evident from facts deducible from known history, that the Indians were found here by the white man, in the enjoyment of plenty and peace, and all the rights of soil and domain, inherited from their ancestors from research publications time immemorial, well furnished with kings, chiefs, and warriors, the bulwarks of liberty, and the pride of their race. History War Thematic. Great Britain established with them relationships of friendship and alliance, and at no time did she treat them as subjects, and as tenants at will, to her power. In war she fought them as a separate people, and they resisted her as a nation. Paper. In peace, she spoke the language of friendship, and they replied in the voice of independence, and frequently assisted her as allies, at their choice to fight her enemies in their own way and discipline, subject to the control of their own chiefs, and unaccountable to European officers and military law. Such was the connexion of this nation to Great Britain, to wit, that of friendship, and global war thematic essay not allegiance, to the period of the declaration of Independence by media dissertation the United States [. . Cold War Thematic Essay. .]. (rpt. in Krupat 164-69) Accordingly, the research, doctrine of conquest, to the victor go the spoils, did not quite match the history of Euro-Indian relations in war thematic, the United States. Conquerors do not buy the research paper lesson, land from the cold, conquered nor engage them as allies in war. Marshall rose to the challenge of converting purchase into conquest by bumping out a new and different rule of macbeth summary essays conquest to justify the federal government's claims on Indian land title.
Justification for the New and Different Rule of Conquest. (24) Marshall justifies the United States Americans' new and different rule of conquest in M'Intosh essentially by paying native peoples the back-handed compliment of global cold war thematic being too brave [. . .] high spirited [and] fierce to research publications conquer by any legitimate means. The way conquest is supposed to work, he says, is history war thematic, that, The old and new members of the plan, society mingle with each other; the distinction between them is gradually lost, and they make one people. Where this incorporation is practicable, humanity demands, and a wise policy requires, that the rights of the conquered to property should remain unimpaired; that the new subjects should be governed as equitably as the old, and that confidence in global history cold war thematic, their security should gradually banish the painful sense of being separated from their ancient connexions, and united by force to abortion should not be legalised strangers. Marshall's reference to traditional conquest leaving the conquered peoples' rights [. . .] to property [. . .] unimpaired seems inconsistent with reasoning purporting to justify seizure of property title claim on the basis of conquest. Nonetheless, note that the manner in which Marshall supports his new rule of global history cold conquest launches him back into the discovery-rule defense: But the tribes of Indians inhabiting this country were fierce savages, whose occupation was war, and whose subsistence was drawn chiefly from the forest. To leave them in possession of their country, was to leave the country a wilderness; to govern them as a distinct people, was impossible, because they were as brave and high spirited as they were fierce, and were ready to repel by arms every attempt on their independence. Again, Marshall is relying on the Western, medieval principle that non-Christian, non-agricultural peoples could legally and should morally be removed from their land and spiritually rehabilitated. The Europeans, he finds, had no choice but to forge a new, albeit cowardly, way of dissertation proposal conquest that the new United States government was bound to follow:
The law which regulates, and ought to regulate in general, the essay, relations between the conqueror and paper lesson plan conquered, was incapable of application to a people under such circumstances. The resort to some new and different rule, better adapted to the actual state of things, was unavoidable. Here is where the truly virulent damage of M'Intosh was injected into cold the United States legal system — and hence, our national ideology — for here, Marshall is codifying a new rule of justifiable deceit. (25) Unlike the valued and abortion should legalised time-honored words that Justice Marshall enshrines in M'Intosh to support extinguishment of the Indians' human rights — words like discovery, conquest, and civilization — the words framed in those innumerable treaties negotiated with the native peoples assuring them security and sovereignty within their territories forever, along with the allied friendship of the global war thematic, federal government, were cheap, disposable, and studies temporary. For example, Justice Thompson's dissent to the Cherokee Nation v. State of global history cold war thematic essay Georgia decision cites a provision of the studies proposal, Hopewell Treaty of 1785 that assured signatory tribes there was no truth to allegations made by enemies of the United States [. . .] that it is the design of the cold essay, states to paper extirpate the global history cold essay, Indians, and take possession of their country. The peace medals, the treaties, the paper publications, solemn meetings with presidents — Marshall is acknowledging and tacitly approving the global history essay, fact that none of these meant what they were portrayed to mean. (26) In Worcester , Marshall gives greater recognition to the strategy of subterfuge through which native peoples were now being determined by the highest court of the studies dissertation, country to have been conquered: Fierce and warlike in their character, they [the Indians] might be formidable enemies, or effective friends. Instead of rousing their resentments, by asserting claims to their lands, or to dominion over global history war thematic their persons, their alliance was sought by flattering professions, and purchased by rich presents. Media Studies Proposal. [. . .] Not well acquainted with the exact meaning of words, nor supposing it to be material whether they were called the subjects, or the children of their father in Europe; lavish in professions of duty and affection, in return for the rich presents they received; so long as their actual independence was untouched, and their right to self government acknowledged, they were willing to profess dependence on the powers which furnished them supplies of which they were in global essay, absolute need, and restrained dangerous intruders from macbeth summary entering their country: and history cold this was probably the sense in media dissertation, which the term was understood by them. At this point, Marshall's history of Euro-Indian relations conforms more precisely to what the Cherokees describe in their Memorials, but, of course, the damage is done.
The Legacy and cold Significance of the New and Different Rule (27) The legacy of M'Intosh , on its own and in the context of the trilogy cases, is of the veritable forked tongue. The new and different rule Marshall approves is that saying one thing and doing another is a sanctioned expedient for furthering national interests. Summary Essays. With the new rule come ancillary principles of exclusion and oppression, and a model for a privileged, bi-level application of law. Under Marshall's new rule, agreements securing any rights of marginalized peoples are temporary markers on the next boundaries to be surreptitiously seized and reset by imperialistic or nationalistic bulldozers. Evidence of this fact can be seen in the continuing struggles of Native Americans to retain and utilize even their most fundamental rights to self-government left to them by the Marshall trilogy. Continued judiciary erosion of those rights prompted hearings before the Senate Committee on Indian Affairs in February 2002. Professor David Getches of the University of Colorado was among the legal scholars who testified to petition congressional intervention:
Indian rights and Indian sovereignty are essential in a government-to-government relationship that goes all the way back to the founding of the nation. If the Court understood this and appreciated this grounding in original intent, Indian laws could be put back on track by the Court itself, but this seems unlikely. The Court's primary mission has little to do with Indian law. It will be up to history war thematic essay Congress to reverse this trend. (Hearing) As Committee Vice-Chairman Ben Nighthorse Campbell said at the close of research paper those hearings, in response to Getches' testimony, with a succinctness that can only come from aged exasperation, [. . Global History Essay. .] when I hear comments like yours [. . .] I do get mad [. . .] at [. . .] the way we have treated Indians in the history of this country. It seems to me that they should have two sets of rights: that of being Native Americans as given in the treaties and that they inherit being an American, like any other American. Yet, we see a constant erosion of their rights on abortion essay, both sides of that equation. (28) Thus it seems that the cultural bias of white, Christian supremacy embedded in U.S. History War Thematic Essay. ideology with Marshall's endorsement of basic paper discovery and conquest principles continues its active destruction of native people's human rights. It must be noted that any implied characterization of the Indians' demise as inevitable due to some perception of inferiority on their part is belied by the events of global history cold essay record in the trilogy cases. Krupat's analysis of the tenor of the Cherokee Memorials is compelling here:
The Cherokee memorialists will not allow their dispossession to be seen as savagist ideology would have it, as inevitable or necessary, neither God's will, nor Nature's law. Macbeth Essays. Rather, should they be translated west of the Mississippi, such an outcome would be the result of no more than the force of American imperial power. Cold War Thematic. (161) Indeed, the political savvy and eloquence of the Cherokee leaders, apparent in essay, those excerpts from history war thematic essay their Memorials previously quoted, deeply affected Justice Joseph Story, who co-signed Justice Thompson's dissent to the majority opinion authored by Marshall in the Cherokee case. Expressionism Film Essay. Some measure of Story's regret regarding the global history, government's treatment of the Cherokees can be seen in this excerpt from a January 13, 1832, letter to his wife: At Philadelphia, I was introduced to two of the chiefs of the Cherokee Nation so sadly dealt with by research paper the State of Georgia. They are both educated men, and history conversed with a singular force and propriety of language upon research publications, their own case, the law of which they perfectly understood and reasoned upon. I never in my whole life was more affected by the consideration that they and all their race are destined to destruction. And I feel, as an American, disgraced by global cold war thematic essay our gross violation of the public faith towards them. To Write. I fear, and greatly fear, that in the course of Providence there will be dealt to us a heavy retributive justice. Global History Cold Essay. (qtd. in Lubbers 65) Examination of this passage shows Story falling prey to the all-too-human tendency to essays at first shift culpability (to the State of global Georgia), only to film be crushed, within the same breath, by the recoil of such suppression, since the gross violation of the public faith towards them rests, as he says, with all Americans.
(29) Greed wrote the new rule of conquest Marshall endorsed in Johnson v. M'Intosh . He could not come out and say it, but others before and after him have duly noted the emperor's nakedness in this regard. As Pagden suggests, our national origins lie in global history, our European ancestors' melding of Christianly avaricious desires: [The American colonies] had been created out of a seemingly insatiable European need for precious metals, and an ambition, which the Ancients could scarcely have understood, to change the religious beliefs of their autochthonous inhabitants. (11) Certainly, the blurring of gold and God in medieval discovery and conquest discourse was not overlooked by all people of the times, though. In his In Defense of the Indians , for example, the 16th century Dominican friar Bartolome de las Casas excoriates Spain's use of forced conversion of native peoples to german film Christianity, pursuant to the discovery rule, as a means to seize their lands: All this drags innumerable souls to global ruin and blocks the service of spreading the Christian religion by closing the eyes of those who, crazed by blind ambition, bend all their energies of mind and body to the one purpose of gaining wealth, power, honors, and dignities. For the sake of abortion not be legalised these things they kill and history war thematic essay destroy with inhuman cruelty people who are completely innocent, meek, harmless, temperate, and quite ready and willing to receive and embrace the word of basic steps God. (26)
Long before the trilogy cases, greed had become sacralized in the foundations of United States American ideology. In this respect, Williams is right; M'Intosh is a fait accompli formality. Kades makes the very good point, in support of his cost-efficiency view of M'Intosh , that, If it were cheaper to be more brutal, then Europeans would have been more brutal (Dark Side). However, from the history of Euro-Indian relations Marshall uses to justify his new and different rule, we can see that Marshall, at global cold war thematic, least, had concluded the native peoples could not have been defeated, at summary, least when their numbers were strong, on cold war thematic essay, brute force alone. (29) Marshall's new rule mythologized a false and schizophrenic memory of Euro-Indian relations in the United States that continues to twist and shift through our popular culture today. One of the new, 2004 United States nickel designs, for example, incorporates the 1801 Thomas Jefferson peace medal image of. [. . .] two hands clasped in friendship — one with a military uniform cuff, symbolizing the to write, American government, and the other with a silver band adorned with beads and global war thematic a stylized American eagle, representing the Native American community with whom the United States sought good relations. (New Nickels)
That handshake, the international symbol of partnership and good will between respected equals, was interpreted by Marshall as a justifiably deceptive measure toward New World conquest and author land seizure. The seeding of global history cold our collective memory with such contradictions hampers our ability to recognize, as Justice Story did, the gross violation of the expressionism film essay, public faith committed toward Native Americans. If we cannot see the treatment of Native Americans for what it is and has been, we surely cannot see how their degradation degraded all of us, or how the U.S. War Thematic Essay. government's endorsement of deceit and treachery in furtherance of national interests set in motion, along the lines that Silko's Ceremony suggests, an research paper lesson, almost hypnotic suggestion of self-perpetuating avarice in our national ideology. (30) Pagden sees the United States' ambitions for global democracy as the third wave of the Imperium Romanum-turned-Imperium Christianum ideology (24) that fed our originary colonizing discourse: The modern United States still pursues very much the same political ideology with respect to their relationship with the rest of the global, world. If the European settlers exported to America one notion of a civitas, sustained and enforced by a corresponding vision of a Christian imperium, their descendents have created a universal order based upon another, but no less encompassing, conception of civility: democracy, an ideology which is quite as pervasive, and should not be certainly as demanding as its ancient (and its Christian) ancestors. (199)
The internal manifestations of our present-day Imperium Democraticum, as it were, are no less pervasive, demanding, or exclusionary. As Pagden says, the model for U.S. democracy relies for its civilizing machinery upon an exalted vision of commerce (199-200). Satisfaction of this vision's demands currently forces stratifications across race, class, and culture lines that limit many United States Americans' abilities to achieve economic progress and, in some cases, survival. Greed is an ancient, primitive impulse that only truly became dangerous when it masked itself in the guise of civilization and Christianity. Essay. The decisions in the Marshall trilogy adopted the guise into United States democratic ideology. Until we can see and begin to rectify the guise's first harm to the Native Americans, we cannot begin to arrest its continuing damage to our culture and media dissertation restore our founding, democratic principles toward fulfillment of history cold their original promise. Burke, Joseph C. Paper. The Cherokee Cases: A Study in Law, Politics, and Morality.
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New York: Chelsea, 1997. 181-99. Johnson v. M'Intosh. Lesson Plan. 21 U.S. 543. U.S. Supr. Ct. 1823. Lexis-Nexis. 21 Oct. 03. Kades, Eric. The Dark Side of Efficiency: Johnson v. M'Intosh and the Expropriation of global history American Indian Lands. U of Pa. Law Review 148 (Apr.
2000):1065-1190. Lexis-Nexis. 23 Sep. 03. ---. History and Interpretation of the Great Case of Johnson v. M'Intosh . Law and History Review 19.1(Spring 2001): 67+. 11 Sep. Author Paper. 03. http://www.historycooperative.org/journals/lhr/19.1/kades.html. Krupat, Arnold.
Ethnocriticism: Ethnography, History, and Literature . Berkeley: U of California P, 1992. Lubbers, Klaus. Born for the Shade: Stereotypes of the Native Americans in United States Literature and the Visual Arts, 1776-1894 . Amsterdam: Rodopi, 1994. Pagden, Anthony. Lords of All the World: Ideologies of Empire in Spain, Britain, and France c. 1500 – c. Global History Cold War Thematic. 1800 . New Haven: Yale UP, 1995. Silko, Leslie Marmon. Ceremony . New York: Penguin, 1977. Washburn, Wilcomb E. The Moral and Legal Justifications for Dispossessing the author plan, Indians. Global History Cold. Seventeenth Century America: Essays in Colonial History . Ed. James Morton Smith.
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