Pagans in the Promised Land makes a unique challenge to U.S.
federal Indian law and policy, attacking the presumption that
American Indian nations are legitimately subject to the plenary
power of the United States. Steve Newcomb puts forth a startling
theory that U.S. federal Indian law and policy are premised on Old
Testament narratives of the chosen people and the promised land, as
exemplified in the 1823 Supreme Court ruling Johnson v. McIntosh,
that the first "Christian people" to "discover" lands inhabited by
"natives, who were heathens," have an ultimate title to and
dominion over these lands and peoples. This important addition to
legal scholarship asserts there is no separation of church and
state in the United States, so long as U.S. federal Indian law and
policy are premised on the ancient religious distinctions between
"Christians" and "heathens."
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