The case of Johnson v. M'Intosh is exactly why Congress can pass legislation as it did with the Rio Tinto land mine deal because Congress took the land from the tribes, ignores their sacred connections to it, their cultural connections and does whatever it wants with it. Congress terminated tribal status for more than 100 tribes. Basically said, you're not a tribe anymore and we're not going to pay attention to the treaties. The Supreme Court has held that when Congress breaches a treaty with an Indian tribe it's not judicially reviewable. It's called a political question.

The Navajo, for example, regard their traditional lands as within the four sacred peaks. One of those sacred peaks is the San Francisco Peaks where the ski resort, one of the holiest, sacred mountains in Navajo cosmology. I mean, it's considered a horrible desecration. I mean, you know, put it into another cultural context and you wouldn't be able to think of that being, with any other racial group. But for Indians because, you know, we think they really don't care about land or they have primitive ideas or they don't have ownership, we completely disrespect that.

The case of Johnson v. M'Intosh is exactly why Congress can pass legislation as it did with the Rio Tinto land mine deal because Congress took the land from the tribes, ignores their sacred connections to it, their cultural connections and does whatever it wants with it. Congress terminated tribal status for more than 100 tribes. Basically said, you're not a tribe anymore and we're not going to pay attention to the treaties. The Supreme Court has held that when Congress breaches a treaty with an Indian tribe it's not judicially reviewable. It's called a political question.

African-Americans were dispossessed of the land by being brought over here in slave ships, whereas Indians were on the land and fought literally wars against Europeans for control of that land. And that history of dispossession, you know, if you look at the treaties, it's very interesting. Everyone thinks that Indians were ripped off in their treaties. If you look at the first round of treaties from about 1800 to the Civil War, tribes secured over 150 million acres. I think it may have been 144 million acres in those treaties. That's a large amount of real estate.

Case of Johnson v. M'Intosh is continued to be cited today by the Supreme Court. Even Justice Ruth Bader Ginsburg, the most liberal member of the court, in footnote one of opinion she wrote several years ago involving the Oneida Nation cites the Doctrine of Discovery. The court never questions it.

In fact, George Washington had been an Indian fighter since the French and Indian War. And a lot of folks, particularly in the red states, the Southern states that had suffered a number of Indian depredations wanted to remove all the Indians to Canada. Let them go with the English. And Washington said, well, you can try , but better, he said, more expedient to negotiate treaties with them because, and again this is what the founders believed to a man, Indians are a vanquished race. They won't be here two to three generations.

US law and international human rights law have radically diverged in the past years in terms of the recognition of indigenous people's rights. International human rights law now looks at not whether or not the tribes have formal ownership or legal title in a Western legal conception might have it, but rather they look at the tribe's historical connection to that land.