The Doctrine of Discovery is a restatement of principles found in Papal Bulls regarding land claims in the Americas. There is no definitive text.
A Papal Bull is a statement, made by the Pope, intended to settle some important question. To gain support for the decision, it may restate commonly held ideas.
One commonly held idea, included in the Papal Bulls, was that killing and subduing of peoples encountered in far away lands is fine. This was in keeping with the capturing of peoples and selling them into slavery, popular since the dawn of time.
The primary statement, the purpose, of the Papal Bulls was to reduce the risk of war between European countries over land claims in the Americas. Use of the Papal Bulls for any other purpose is a misinterpretation, and the so-called Doctrine of Discovery is such a misinterpretation.
Website, part of a Conference in Syracuse, in May.
Even assuming that the doctrine to be relevant,
are there not Constitutional problems with the Courts relying on it
the adoption of the Bill of Rights?
1st amendment: The doctrine involves a religious test to establish title
5th amendment: No person shall be deprived of property
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