Only sales to the federal government can convey valid Native American land title
Evidence
Marshall further opined that when it declared independence from the Crown, the United States government inherited the right of preemption over Native American lands. The legal result is that the only Native American conveyances of land that can create valid title are sales of land to the federal government. — Wikipedia contributors, Johnson v. McIntosh, 15
Categorization
- DEFINE: Defines the doctrine of preemption that governs all Native land transactions in the US.
- XREF: Connects to sovereignty and treaty-law material, e.g. the Marshall Trilogy and Cherokee Nation v. Georgia.