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Who really holds title to America? In Episode 29 of Learning Out Loud, Dustin William and Whitestone begin a new series: reading Joseph Story's Commentaries on the Constitution of the United States into the record, section by section, with commentary as they go. Starting with Story's plan of the work and Book 1, Chapter 1, on the origin of the title to the territory of the colonies, they follow the claim from Columbus and John Cabot through the right of discovery, the papal bull of 1493, and Chief Justice Marshall's account in Johnson v. McIntosh of how Spain, Portugal, France, Holland and England each rested their claims on discovery. Along the way, the hosts weigh the Indians' right of occupancy against the discoverer's ultimate dominion, and ask what trust law and equity reveal about the charters that followed. Read along with us through Sections 1–23 and see why Story called the Constitution the truest security of the Union.
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