1. The rule that the Right of Occupancy is based on. HERE ARE THE NOTES

DAY ONE NOTES
Sovereignty is essentially the power to make laws
Sovereignty refers to having supreme, independent authority over a geographic area, such as a territory.
When discussing Indigenous people’s sovereignty, there is always a connection to a specific area of land. Going back to our definitions, the US Legal definition of land states, “Sovereignty refers to having supreme, independent authority over a geographic area, such as a territory.” While sovereignty can exist without an explicit connection to a territory, Indigenous sovereignty will ALWAYS reference a specific location.

DAY TWO NOTES
sovereignty is the backdrop through which history must be read in order to provide a real understanding.
Right of Occupancy

“The right of occupancy is not based on treaty, statute, or other federal government action.”
until that right shall be extinguished by a voluntary cession to our government.
Self-government is right which a voluntary cession of the right of occupancy cannot extinguish.

DAY THREE NOTES

Definition: The exclusive right to take possession of Native American lands by purchase or conquest.
Practical effect: Native Americans would not be able to communicate with those who did not possess the right of Discovery to sell land.
Commerce Clause of the Constitution
“To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”
The commerce clause is the codification of the Doctrine of Discovery in US law.
Practical effect: Native Americans could not communicate with States and/or foreign Nations.

DAY FOUR NOTES
That the lands of this country were taken from them (Native Americans) by conquest is not so general a truth as supposed. I find in our historians and records, repeated proofs of purchase, which cover a considerable part of the lower country…The upper country, we know, has been acquired altogether by purchases made in the most unexceptional form.
According to Felix Cohen, by 1946, the United States agreed to spend at least $800 million purchasing lands from Native Americans. Factoring in inflation, today that would be around $8.5 billion.
Indian reservations.” “to refrain from using or disposing of (something); to retain for future use.
While there are many moments in history that would appear to contradict the concept of Original Indian Title and this discussion is far from an in-depth overview of either Original Indian Title or the Right of Occupancy, the basic ideas I have discussed are the foundation of US title to its property.
Original Indian Title contains two very basic rights, the right to occupy the lands involved and the right to sell those lands to the government who possesses the right of Discovery. Though the United States had the right to conquer Native American lands to claim possession, the fact is that the common approach was to avoid military conflict and to purchase those lands instead. Finally, Native American tribes would often reserve lands from those purchases, retaining the claim to Original Indian Title as far as “Indian reservations” were concerned.