Episode 18: Mark Savage: “Natural Rights” -- Unravelling The Questions

Episode 21: “Tribal Sovereignty” 101: Limited Sovereignty, Federal Domination, and the Language Trap

In this episode, Steven T. Newcomb and Peter d’Errico return to one of the most repeated phrases in federal Indian law and public advocacy: “tribal sovereignty.” But what does the phrase actually mean within the legal framework of the United States? Steve and Peter argue that “tribal sovereignty” is an oxymoron when it is defined by federal anti-Indian law as “limited sovereignty” or as sovereignty that the United States has not yet extinguished. Drawing on definitions of sovereignty from Jean Bodin and Sterling Edmonds, they explain that sovereignty means a claim of supreme and unlimited authority. If Native nations are said to be sovereign only to the extent that the United States permits, then the phrase no longer describes free and independent existence. It describes domination. The conversation turns to Felix Cohen’s Handbook of Federal Indian Law, often treated as the “Bible” of federal Indian law, and examines how its framework converts original Native independence into a legal system of U.S. supremacy. Steve and Peter also discuss treaty rights, land claims, religious freedom, consultation, “federal lands,” and the danger of accepting the opponent’s premise. The episode concludes with a discussion of the Pe’ Sla / Black Hills drilling controversy and how legal and environmental advocacy can unintentionally reproduce the very domination framework it seeks to resist. Resources mentioned: Felix Cohen, Handbook of Federal Indian Law Pe’ Sla drilling analysis Complaint filed in the Pe’ Sla case Subscribe on YouTube Support this podcast at — https://redcircle.com/dominationchronicles/exclusive-content [https://redcircle.com/dominationchronicles/exclusive-content]

UNTRUSTWORTHY “TRUST”: DOMINATION, FEAR, AND FEARLESSNESS

Today we deep dive into the legal and philosophical foundations of the "federal Indian law trust doctrine." We argue that the term "trust" is a euphemism for a relationship of domination rather than a protective legal obligation. Subscribe on YouTube Support this podcast at — https://redcircle.com/dominationchronicles/exclusive-content [https://redcircle.com/dominationchronicles/exclusive-content]

Episode 19: LORETTA AFRAID OF BEAR-COOK: “LIVING IN OGLALA LAKOTA COMMUNITY”

A deep conversation between hosts Steven Newcomb and Peter d'Errico and guest Loretta Afraid of Bear-Cook, about the preservation of Oglala Lakota traditions, the power of indigenous language, and the resistance against systems of domination and modern convenience. Subscribe on YouTube Support this podcast at — https://redcircle.com/dominationchronicles/exclusive-content [https://redcircle.com/dominationchronicles/exclusive-content]

Episode 18: Mark Savage: “Natural Rights” -- Unravelling The Questions

Attorney Mark Savage joins us in this episode for a provocative discussion of the US claim of “plenary power” over Native nations and peoples. In the early 1990’s (!), Mark authored two seminal law review articles showing that the doctrine of “plenary power” has no basis in the US Constitution. In November 2025, in a dramatic move at the Supreme Court, two justices took the same stance! Subscribe on YouTube Support this podcast at — https://redcircle.com/dominationchronicles/exclusive-content [https://redcircle.com/dominationchronicles/exclusive-content]

Episode 17: Bruce Mcivor: Legalized Lawlessness

Historian and lawyer Bruce McIvor joins us in this episode for a deep dive into how Canada’s colonizing legal system continues to attack First Nations with laws and policies dressed up in the latest costume of “reconciliation”. Bruce is a member of the Manitoba Métis Federation, descended from the Red River Métis. His law firm, First Peoples Law, represents Indigenous Peoples across the continent. Subscribe on YouTube Support this podcast at — https://redcircle.com/dominationchronicles/exclusive-content [https://redcircle.com/dominationchronicles/exclusive-content]