COS Standard 5 Explain key cases that helped shape the United States Supreme Court, including Marbury versus Madison, McCullouch versus Maryland, and.

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Presentation transcript:

COS Standard 5 Explain key cases that helped shape the United States Supreme Court, including Marbury versus Madison, McCullouch versus Maryland, and Cherokee Nation versus Georgia. Chapter 8 Section 1

Cherokee Nation versus Georgia Andrew Jackson president that orders the Indian Removal Act The Cherokee made their own government and Constitution. They adapted their lives to be more like the white people. (Assimilation) The Cherokee thought of themselves as a self- governing nation. They did not want to move. Georgia thought otherwise. They wanted the land the Cherokee lived on and eventually wanted to move the Cherokee.

Cherokee Nation versus Georgia The Cherokee sue Georgia because they want to maintain their sovereignty and land. John Marshall sided with Georgia saying that the Cherokee were a dependent nation with the United States and they did not possess original jurisdiction Dependent nations do not possess full political independence or sovereignty

Worcester versus Georgia-1832 The court case opens again when a missionary named Samuel Worcester lives among the Cherokee nation. Worcester is a Christian missionary who is against the relocation of Native Americans In Georgia, Non-Native Americans cannot live among the Native Americans without a license from the state government Samuel Worcester was found guilty, but appeals to the Supreme Court. Claims the State of Georgia did not have jurisdiction to enforce the law on Native American soil.

Worcester versus Georgia John Marshall sides with Worcester saying the Cherokee are now a sovereign nation and Georgia should honor the Cherokee’s property rights. State governments do not have jurisdiction over Native American groups, only the Federal government does. 14th Amendment- does not allow any government in the United States from blocking a citizen’s rights to pursue “life, liberty, and happiness”.

Worcester vs. Georgia Andrew Jackson does not like the verdict when appealed. He comments that John Marshall will have to enforce the verdict, because Jackson would not. Jackson displays his dominance over the Supreme Court because he refuses to carry out Marshall’s verdict. Eventually, Jackson and Martin Van Buren will force the Cherokee to move. Trail of Tears: Cherokee’s are forced to move from Georgia to Oklahoma.