The Legal Ideology of Removal: Uncovering the Systemic Roots of Displacement and Dispossession

The Legal Ideology of Removal: The Southern Judiciary and the Sovereignty of Native American Nations (Studies in the Legal History of the South Ser.)

by Tim Alan Garrison

4.7 out of 5

Language	:	English
File size	:	3156 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Print length	:	336 pages
Paperback	:	260 pages
Item Weight	:	1.49 pounds
Dimensions	:	5.5 x 0.8 x 8.4 inches

FREE

The legal ideology of removal is a doctrine that has been used to justify the displacement and dispossession of marginalized communities throughout history. This ideology is based on the belief that certain groups of people are inherently inferior and that they can be removed from their homes and lands without regard for their rights or needs. The legal ideology of removal has been used to justify a wide range of atrocities, including the Trail of Tears, the Indian Removal Act, and the internment of Japanese Americans during World War II.

In this article, we will explore the legal ideology of removal and its impact on marginalized communities. We will trace the historical origins of this ideology and examine how it has been used to justify the displacement and dispossession of these communities. We will also argue that the legal ideology of removal is embedded in a broader system of oppression and inequality and that it continues to shape contemporary practices of displacement and dispossession.

Historical Origins of the Legal Ideology of Removal

The legal ideology of removal has its roots in the colonial era. The European colonizers who came to the Americas believed that they were superior to the indigenous peoples who already lived there. They saw the indigenous peoples as savages who were incapable of governing themselves or managing their own affairs. This belief justified the colonizers' seizure of indigenous lands and the displacement of indigenous peoples from their homes.

The legal ideology of removal was also used to justify the displacement of African Americans during the era of slavery. The slaveholders argued that African Americans were inferior to whites and that they could not be allowed to live in the same communities as whites. This belief justified the forced removal of African Americans from their homes and their sale into slavery.

The legal ideology of removal continued to be used to justify the displacement of marginalized communities after the Civil War. In the late 19th century, the United States government passed a series of laws that authorized the removal of Native Americans from their traditional lands. These laws included the Indian Removal Act of 1830, the Dawes Act of 1887, and the Indian Reorganization Act of 1934.

The legal ideology of removal was also used to justify the internment of Japanese Americans during World War II. The United States government argued that Japanese Americans were a threat to national security and that they needed to be removed from the West Coast. This belief justified the forced removal of Japanese Americans from their homes and their placement in internment camps.

The Legal Ideology of Removal in Contemporary Society

The legal ideology of removal continues to shape contemporary practices of displacement and dispossession. This ideology is evident in the gentrification of low-income neighborhoods, the displacement of indigenous peoples from their traditional lands, and the mass incarceration of people of color.

Gentrification is the process by which low-income neighborhoods are transformed into more affluent areas. This process often leads to the displacement of low-income residents, who are forced to move out of their homes due to rising rents and property values. Gentrification is often justified by the argument that it is necessary to improve the neighborhood and make it more attractive to businesses and residents.

The displacement of indigenous peoples from their traditional lands is another example of the contemporary use of the legal ideology of removal. Indigenous peoples have been displaced from their lands by a variety of means, including government policies, mining, and logging. This displacement has had a devastating impact on indigenous communities, who have lost their homes, their livelihoods, and their way of life.

The mass incarceration of people of color is also a form of displacement. People of color are disproportionately represented in the criminal justice system, and they are more likely to be arrested, convicted, and sentenced to prison than whites. This disproportionality is due to a number of factors, including poverty, discrimination, and the war on drugs.

The legal ideology of removal is a powerful tool that has been used to justify the displacement and dispossession of marginalized communities throughout history. This ideology is embedded in a broader system of oppression and inequality, and it continues to shape contemporary practices of displacement and dispossession.

It is important to challenge the legal ideology of removal and to recognize the harm that it has caused. We must work to create a more just and equitable society in which all people have the right to live with dignity and respect.

The Legal Ideology of Removal: The Southern Judiciary and the Sovereignty of Native American Nations (Studies in the Legal History of the South Ser.)

by Tim Alan Garrison

4.7 out of 5

Language	:	English
File size	:	3156 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Print length	:	336 pages
Paperback	:	260 pages
Item Weight	:	1.49 pounds
Dimensions	:	5.5 x 0.8 x 8.4 inches

FREE