"In 1942, the renowned legal scholar Felix Cohen famously wrote about the Spanish origin of Indian rights in the federal Indian law conceptual system of the United States. The two concepts of a “trust relationship” and “plenary power” are aspects of that system that find their origin in domination.

Let us begin with the idea of a “trust,” which is typically and habitually invoked by Indian country, usually without developing a deeper understanding of that concept and its origin historically.

When we follow Cohen’s suggestion and trace the concept of “trust” back to the Spanish context of empire and colonization, a strange thing happens. The context of “trust” is revealed to be one of domination. Evidence of this is found in a book written in 1918 by Manuel Serrano y Sanz, Origenes de la Dominación Española en América [“Origins of Spanish Domination in America”]."

Get the Story:
Steven Newcomb:: The Dark Side of the ‘Trust’ Relationship and Plenary Power (Indian Country Today 8/23)

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