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Elian Calvo - Adoptive Couple v. Baby Girl - SCOTUS case Podcast…

- - - - 7 Amendment
        
        In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States than according to the rules of the common law.
        http://nccs.net/online-resources/us-constitution/amendments-to-the-us-constitution/the-bill-of-rights-amendments-1-10/amendment-7-rights-in-civil-cases
      - 11 Amendment
        
        The judicial power of the United States shall not be construed to extend to any suit, in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.
        https://nccs.net/online-resources/us-constitution/amendments-to-the-us-constitution/amendments-11-27/amendment-11-authority-of-federal-courts-restricted
      - 1 Amendment
        
        Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.
        http://nccs.net/online-resources/us-constitution/amendments-to-the-us-constitution/the-bill-of-rights-amendments-1-10/amendment-1-freedom-of-religion-speech-and-the-press
- - - - Worcester v. Georgia, 31 U.S. 515 (1932) – the Court held that the “laws of Georgia
        could have no force” in Cherokee territory. Here, Marshall defines Indian nations as
        “distinct political communities, having territorial boundaries within which their
        authority is exclusive.” This seems to suggest that discovery, and the colonial charter
        grants under the doctrine of discovery, did not extinguish the inherent sovereignty of
        the Indians, and that the Cherokee’s acts of entering into treaties and associating with
        a stronger nation for its protection likewise do not strip itself of the right of governing
        itself. Marshall states that tribes retain “their original natural rights as the undisputed
        possessors of the soil from time immemorial.” Marshall also finds that the U.S.
        Constitution grants Congress the exclusive authority to regulate Indian affairs
      - Cherokee Nation v. Georgia, 20 U.S. 1 (1831) – the Court held that tribes are not
        foreign states, as that term is used in the Constitution, in describing the court’s
        original jurisdiction over “controversies” between a state (here, the state of Georgia)
        and “foreign states.” Rather, Justice Marshall’s opinion holds that tribes are
        “domestic dependent nations,” whose relations with the U.S. resemble that of a “ward
        to his guardian.” Marshall’s language represents the genesis of the trust doctrine in
        federal Indian law, which holds that the U.S. has a trust responsibility to act on behalf
        of Indian Tribes.
- - - - The Indian Appropriations Act of 1851, also known as the Appropriation Bill for Indian Affairs, authorized the establishment of Indian reservations in Oklahoma and inspired the creation of reservations in other states as well.
        
        The Indian Removal Act of 1830 institutionalized the practice of forcing Native American Indians off of their ancestral lands in order to make way for European settlement. The Five Civilized Tribes (Cherokee, Chickasaw, Choctaw, Creek, and Seminole) were forcibly relocated to territories that would become the states of Kansas, Nebraska, and Oklahoma, in a mass migration that became known as the Trail of Tears.
        
        From the earliest days of European colonization, bloody clashes over land and natural resources plagued relations between white settlers and Native American Indians. European settlers used a variety of methods to wrest land away from native inhabitants, from the negotiation of treaties to forcible removal to declarations of war.
        
        By 1640 the British had solid colonies established along the New England coast and the Chesapeake Bay. In between were the Dutch and the tiny Swedish community. To the west were the original Americans, the Indians.
        http://www.let.rug.nl/usa/outlines/history-1994/early-america/colonial-indian-relations.php
        
        JAMESTOWN is justifiably called "the first permanent English settlement" in the New World—a hard-won designation. As historian Alan Taylor recounts, of the first 104 colonists who landed in April 1607, only thirty-eight survived the winter. Of the 10,000 who left England for Jamestown in its first fifteen years, only twenty percent were still alive, and still in Jamestown, in 1622.
        http://nationalhumanitiescenter.org/pds/amerbegin/settlement/text1/text1read.htm
        
        Columbus’ voyage departed in August of 1492 with 87 men sailing on three ships: the Niña, the Pinta, and the Santa María. Columbus commanded the Santa María, while the Niña was led by Vicente Yanez Pinzon and the Pinta by Martin Pinzon.3 This was the first of his four trips. He headed west from Spain across the Atlantic Ocean. On October 12 land was sighted. He gave the first island he landed on the name San Salvador, although the native population called it Guanahani.4 Columbus believed that he was in Asia, but was actually in the Caribbean. He even proposed that the island of Cuba was a part of China. Since he thought he was in the Indies, he called the native people “Indians.” In several letters he wrote back to Spain, he described the landscape and his encounters with the natives. He continued sailing throughout the Caribbean and named many islands he encountered after his ship, king, and queen: La Isla de Santa María de Concepción, Fernandina, and Isabella.
        http://exploration.marinersmuseum.org/subject/christopher-columbus/