In the s, the Court heard two cases dealing with conflicts between the state of Georgia and the Cherokee Nation. Although the Court ruled in favor of the Cherokee, Georgia ignored the decision and in the Cherokee were forcibly relocated to present-day Oklahoma. Above, a rendition of the Cherokee on the "Trail of Tears.
Published in December All rights reserved. Check local listings. Georgia and Worcester v. Georgia , the U. Supreme Court considered its powers to enforce the rights of Native American "nations" against the states. In Cherokee Nation, the Court ruled that it lacked jurisdiction the power to hear a case to review claims of an Indian nation within the United States.
Worcester v. Georgia | United States law case | itocagawoler.ga
In Worcester, the Court ruled that only the United States, and not the individual states, had power to regulate or deal with the Indian nations. In , the state of Georgia passed a series of laws stripping local Cherokee Indians of their rights. Ships in 7 to 10 business days.
Link Either by signing into your account or linking your membership details before your order is placed. Description Table of Contents Product Details Click on the cover image above to read some pages of this book! Industry Reviews "Federal Indian law is largely the incidents of American history described in legal language.
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The State of Georgia p. Worcester v. All Rights Reserved. Statutory Interpretation. In Stock. Connecting with Law. Ethics and Law for the Health Professions 4th Edition. Australian Law Dictionary. A key issue in both cases was the legal and political status of Native American tribes.
The Cherokee claimed they were an independent, sovereign state, akin to a nation such as France or Great Britain. The Supreme Court rejected this claim in the first case but developed a different theory of sovereignty in the second decision.
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In Cherokee Nation , the Cherokee asked the Court for an Injunction that would prevent Georgia from executing laws that the tribe contended were being used to drive them off their land and to "annihilate" their existence as a political society. Chief Justice John Marshall , writing for the Court, acknowledged that the plight of the Cherokee and other Native American tribes was real: they were "gradually sinking beneath our superior policy.
Marshall concluded that before the merits of the Cherokee case could be considered, the Court had to determine whether it had jurisdiction to hear the case at all. The Cherokee argued they were a foreign state, pointing out that the tribe was a distinct political society that managed its own affairs, and that both the colonial and U.
The fact that the federal government negotiated treaties with the Cherokee seemed to be good evidence that the tribe was regarded as a foreign state. The Court rejected these claims. Marshall stated that the Cherokee tribe was not a foreign state "in the sense of the Constitution" since the Indian Territory was located inside the geographical and jurisdictional boundaries of the United States. Moreover, the Cherokee had acknowledged, in the very treaties in question, that they were under the protection of the United States.
Therefore, a better classification for the Cherokee and other Native American tribes was that of "domestic dependent nations. The Court noted that the Constitution was silent on the issue of permitting the federal courts to hear disputes between states and Indian nations. Chief Justice Marshall found that the Commerce Clause empowers Congress to "regulate commerce with foreign nations, and among the several states, and with the Indian tribes.
The relation between the tribes and the United States resembled that of a ward and his guardian rather than of coequal states. Based on this analysis the Supreme Court dismissed the case for lack of jurisdiction.
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The Cherokee returned to the Supreme Court the following year in Worcester , and this time had the opportunity of arguing the merits of the case. The issue in question involved Georgia legislation, which made it a crime for white persons to live in Cherokee country without first obtaining a license from the state. The state of Georgia indicted Samuel A. Worcester, a missionary of the American Board of Commissioners for Foreign Missions, and six other white persons for the offense of "residing within the limits of the Cherokee nation without a license.
Worcester and the other defendants appealed to the Supreme Court, arguing that Georgia had no jurisdiction over Cherokee sovereign territory. Under the Constitution, Congress has the power to regulate commerce with Native American tribes. Worcester contended that this clause demonstrated that the federal government had exclusive jurisdiction over the establishment and regulation of intercourse with Native Americans.
In addition, Worcester pointed to treaties between the United States and the Cherokee nation. No state could interfere with these agreements, which were the supreme law of the land. Chief Justice Marshall, writing for the majority, agreed with Worcester's legal position and found that the relationship between the existing treaties and the constitutionality of the state law were the paramount issues.
Marshall reviewed the colonizing of the continent and noted that the colonists' legal basis for claiming the land as their own was questionable:.
Related Cherokee Cases: Two Landmark Federal Decisions in the Fight for Sovereignty
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