Determining extinguishment did not require the breakdown of this community title into its constituent parts, but rather occurred where there was an assertion by the Crown, through legislation or executive act, to exercise permanent adverse
dominion over the land.
For 140 million years prior to the Cenozoic Era, dinosaurs held
dominion over the land, as their stage was prepared by the great extinction at the end of the Permian Period.
It will be a declaration, in my deliberate judgment, that the sovereign power of the people of the United States and Union must hereafter remain incapable of action
over territory to which their rights in full
dominion have been asserted with the most rigorous authority, and bow to a jurisdiction hitherto unknown, unacknowledged by any department of the government, denied by all through all time, unclaimed till now, and now declared to have been called into exercise not by any change in our Constitution, the laws of the Union or the States, but preexistent and paramount
over the supreme law of the
land.