Marshall Trilogy Paper


Analyze the two multi-faceted questions below:

Question #1 15% :

Identify the three court cases known as the Marshall Trilogy (Include the full name and year of each case and the issue presented to the court). Identify and analyze the four main principles derived from these rulings. How and why did Chief Justice Marshall construct what are seen as very contradictory legal principles from these cases?

How did the principles in these cases establish the doctrinal basis for interpreting federal Indian law and why do they serve as the cornerstone for understanding tribal sovereignty?

What is the federal-tribal trust relationship and how has the Trust Doctrine served as both a shield and a sword for Indian tribes? Provide examples to support your analysis noting the political climate in which the case or legislation arose. Why does Native legal scholar Walter Echo-Hawk say federal Indian law needs to be “decolonized?”