Supreme Court Cases Jackson and the Native Americans

Cherokee Nation v. Georgia (1831) Situation In 1824, President Monroe proposed that all Native Americans be moved west of the Mississippi River. –(Why? – 3 items) Though the Cherokee had adopted government systems and cultural practices similar to whites, they still faced the pressure of removal. –(Georgia)

Situation Continued… Andrew Jackson had a reputation as an Indian fighter. –War of 1812 –Inaugural address Removal Act of 1830 –(What was it?)

Cherokee Nation v. Georgia (1831) Major Question Question: Was the treaty held by the Cherokee Nation legally valid; did they have a right to the lands they possessed?

Court Ruling John Marshall ruled: –Native Americans had no real standing in court since they were not a state or a foreign country –Marshall wrote that the Cherokees constituted a "domestic, dependent nation" that existed under the guardianship of the United States. –Marshall affirmed that the Cherokee had the right to the lands they possessed.

Worcester v. Georgia (1832): People Involved –Chief Justice John Marshall –Samuel Worcester Was a minister affiliated with the American Board of Commissioners for Foreign Missions (ABCFM). Worked to translate the Bible and other materials into the Cherokee language. Often advised Cherokee leaders about their political and legal rights under the Constitution and federal-Cherokee treaties. –State of Georgia

Worcester v. Georgia (1832): Facts of the Case –Georgia passes a law: –Worcester protests: –Worcester’s argument: –Worcester was convicted by the Georgia state supreme court and sentenced to "hard labour in the penitentiary for four years."

Major Question Major Question Question: Does the state of Georgia have the authority to regulate the intercourse between citizens of its state and members of the Cherokee Nation?

Worcester v. Georgia (1832) Major Question Question: Does the state of Georgia have the authority to regulate the intercourse between citizens of its state and members of the Cherokee Nation?

Court Ruling John Marshall ruled: –No. –The Georgia act violated the Constitution, treaties, and laws of the United States. –Marshall noted that the "treaties and laws of the United States contemplate the Indian territory as completely separated from that of the states; and provide that all intercourse with them shall be carried on exclusively by the government of the union," –Marshall argued, "The Cherokee nation, then, is a distinct community occupying its own territory in which the laws of Georgia can have no force. The whole intercourse between the United States and this nation, is, by our constitution and laws, vested in the government of the United States." –The Georgia act thus interfered with the federal government's authority and was unconstitutional.

Implications of Cherokee Nation cases The Constitution states that it is the job of the executive branch to enforce the laws or decisions of the other two branches. Jackson declined to take action to enforce this decision.