Constitutional Opinion No. 2026-0778
America First Constitutional Standard — Version 1.0
Case Information
- Content Scored
- Johnson v. M'Intosh, 21 U.S. (8 Wheat.) 543 (1823)
- Source
- Supreme Court of the United States, U.S. Reports Vol. 21 (8 Wheaton)
- Author
- Chief Justice John Marshall (opinion of the Court)
- Publication Date
- 1823-02-01
- Content Type
- Judicial Opinion / Legal-Normative Text
- Opinion Issued
- 2026-07-20
- AFCS Version
- 1.0
AF★CS
Verdict
70
/ 100
Mostly America First
Source: Supreme Court of the United States, U.S. Reports Vol. 21 (8 Wheaton)
Constitutional Alignment: 67·Factual Reliability: 87
Holding
Title to land within the United States derives from the sovereign under the discovery doctrine: discovery gave the discovering European nation, and its successor the United States, the exclusive right to extinguish the Indian right of occupancy; Indian tribes retained a right of occupancy but not the power to convey full title to private purchasers, so a title claimed directly from Indian tribes cannot be recognized in the courts of the United States.
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It is the judgment of this Court that Opinion No. 2026-0778 is hereby entered into the record, in accordance with the America First Constitutional Standard. The score stands. The reasoning is published. The record is public.
The Standard is the Standard.