How was President Jackson able to overrule the Supreme Court and force the Cherokee to move?

already exists.

Would you like to merge this question into it?

already exists as an alternate of this question.

Would you like to make it the primary and merge this question into it?

exists and is an alternate of .

He didn't. Chief Justice John Marshall's written opinion(s) in Cherokee Nation v. Georgia, (1831) and Worcester v. Georgia, (1832), the two Supreme Court decisions people mistakenly believe President Jackson overruled, applied only to the State of Georgia. Chief Justice John Marshall expressed his personal opinion about the United States' legal and ethical duty to the Native Americans within the body of the legal opinion, but his comments (called obiter dictum or dicta) weren't part of the Court's official decisions and weren't legally binding on the United States.

Explanation


In both Cherokee Nation v. Georgia, (1831) and Worcester v. Georgia, (1832), the Court declared the United States relationship to the Cherokee was that of two separate nations, with the Cherokee's status a "denominated domestic dependent nation," giving the federal government the sole right of negotiation with them and creating a duty to protect the Cherokee from Georgia's hostile actions. The decision in Worcester barred Georgia from annexing the land, and ruled the state did not have the right of possession, nor dominion over Cherokee laws or territory, short of military conquest or legal purchase. The Supreme Court's opinion applied specifically to Georgia, not to the federal government.

Jackson ignored Marshall's assertion that the federal government was obligated to protect the Native Americans; but there way no legal requirement for the federal government to follow Marshall's instructions because 1) the statement wasn't part of the official ruling (Worcester v. Georgia, (1832)); 2) the removal issue wasn't a question before the Court; 3) the United States wasn't party to the case; and 4) the Court has no power to enforce its rulings, anyway. The Constitution assigns authority over law enforcement to the Executive branch of government, over which the President presided. Because Jackson, then Van Buren, and Congress were in agreement about (mis)appropriating Cherokee land and moving them to less hospitable territory west of the Mississippi River, the Supreme Court had no way of preventing their action.

Jackson pressured the Governor of Georgia to pardon and release from jail the missionaries who had lived on Native American land without buying a required state license. Georgia continued to enforce its unconstitutional laws, but did not claim the disputed territory.

Jackson's presidential successor, Martin Van Buren, and Congress circumvented the Supreme Court by ratifying the Treaty of New Echota in 1836, an instrument signed by the Ridge Party, an unauthorized faction within the Cherokee Nation. The Treaty offered the Nation five million dollars and land in Indian Territory (modern-day Oklahoma) in exchange for the more desirable Southern ancestral land. Although John Ross, elected leader of the Cherokee Nation, protested to Congress, his pleas were ignored.

The Supreme Court never had an opportunity to rule on the validity of the Treaty because no case was presented for consideration.


For more information about Worcester v. Georgia, see Related Questions, below.
9 people found this useful

Why were the Cherokees forced to move west?

Andrew Jackson believed that Native Americans should accept white culture or be moved to western territories. Jackson didn't think that they could have their own governments within the borders of the U.S.

If the Supreme Court makes a decision that contradicts the Constitution of the United States who can overrule the Court?

The Supreme Court determines what contradicts the Constitution. Soit supposedly isn't possible for them to rule against it. If peopledon't like the decision of the Supreme Court, they can pass lawsand/or amend the Constitution to change it. Congress would be who would overrule it, particularly memb (MORE)

What did Andrew Jackson do about the US Supreme Court rulings in the Cherokee cases?

He was never called to do anything- the matter never became something that he was called to act on as president. He may have made some of the cuff, unofficial remarks to the effect that he would not enforce Marshall's rulings, but the matter never came up. Jackson always had a lot of political sense (MORE)

Why did ANdrew Jackson oppose the Supreme Court?

President Jackson opposed the Supreme Court's ruling in CherokeeNation v. Georgia because he felt that the gold being found on theCherokee land was more important than them occupying the land. Hewanted them removed because their land was very valuable.

Has the US Supreme Court ever overruled a former US Supreme Court decision?

Yes, quite a few times. One famous instance in which the Supreme Court overruled its prior precedent was Brown v. Board of Education , the case which held that segregated schools denied African American children equal educational opportunities. In that case, the Court overruled Plessy v. Ferguson (MORE)

Can the US Supreme Court overrule the Legislative branch?

Yes and no. The US Supreme Court doesn't have veto power, and can't overturn a legislative act unless it is properly challenged in the federal court system and petitioned to the Supreme Court under its appellate jurisdiction. The Court can't actively seek out legislation to overrule.

Can a State Supreme Court overrule their own prior decision?

Yes, they can. However, if the decision involves a question of federal or constitutional law and the case is petitioned to the US Supreme Court for a writ of certiorari, and if the U.S. Supreme Court grants certiorari, and if the U.S. Supreme Court rules differently from the state supreme c (MORE)

Can the president override the Supreme Court?

In order to protect the checks and balances of the government theSupreme Court can find a piece of legislation unconstitutional, buttheir decision can not be overridden by the President. The only waythat the decision of the Supreme Court can be overruled is by themreversing their decision or the con (MORE)

Is the US Supreme Court the only court that can overrule a Supreme Court ruling?

Yes. The US Supreme Court is the highest appellate court in the nation. Decisions of the Court are said to be Res Judicata , meaning the matter has been adjudicated and the verdict is final and binding on all parties involved. The case is no longer eligible for appeal. This doesn't mean a lower (MORE)

How did President Andrew Jackson respond to the Supreme Court ruling allowing the Cherokee to stay on their land?

The Supreme Court never ruled on the subject of the Cherokee's removal because the Court held it lacked original (trial) jurisdiction over the case. John Ross would have had to refile his case in a District Court, then petition the Supreme Court to hear it on appeal. This never happened. Everything (MORE)

Why was the Cherokees forced to move West?

The Cherokee Indians were forced to move west in an event historically called the "trail of Tears" because the white man wanted their land, and they thought there was gold on their land.

If Congress passes an unconstitutional law can the US Supreme Court overrule it?

Yes , the US Supreme Court can nullify an unconstitutional law, but ONLY under certain circumstances. The Supreme Court can only apply judicial review laws relevant to a case on appeal before the Court. Contrary to popular belief, the Supreme Court cannot be proactive in reviewing state and (MORE)

Can the US Supreme Court review and overrule a state supreme court decision?

Yes, when there is a preserved federal question involved in the state supreme court's decision. Federal questions like the constitutionality of a state law are allowed to be raised and determined in state courts. If the state action goes to the state supreme court, but one party alleges that the s (MORE)

Can the US Supreme Court overrule the legislature?

Sort of. The Supreme Court can declare a law unconstitutional (by the process of judicial review), in which case the law is considered invalid. If the legislature still wants the law to stand, they must then either change it enough to remove the conflict, or pass a constitutional amendment.

Can an Amendment overrule a US Supreme Court decision?

Yes. The Eleventh Amendment was passed specifically to overturn the Supreme Court's decision in Chisholm v. Georgia, 2 US 419 (1793), and revoke their original (trial) jurisdiction over lawsuits brought against the states. This occurred because the Court found in favor of a petitioner filing a mo (MORE)

Which US President defied the US Supreme Court and removed the Cherokee from their land?

Technically, none, although the test answer is Andrew Jackson , who pushed Congress to pass the Indian Removal Act of 1830. President Jackson is frequently accused of defying Chief Justice John Marshall's opinion in Worcester v. Georgia, (1832) that the US government had a duty to protect the (MORE)

How did Andrew Jackson defy the supreme court?

Although he was a good general, he was not very experienced atbeing president. He once quoted him self: "I would rather be rightthen be president". He defied the Supreme Court order by publishingthe Indian Removal Act. This act pushed them out of theiroriginally settling places and back even more. A (MORE)

Which President refused to obey a US Supreme Court ruling concerning federal land treaties with the Cherokee Nation?

Technically, none, although the test answer is Andrew Jackson , who pushed Congress to pass the Indian Removal Act of 1830. President Jackson is frequently accused of defying Chief Justice John Marshall's opinion in Worcester v. Georgia, (1832) that the US government had a duty to protect the (MORE)

Why is it important for the US Supreme Court to be careful in overruling its previous decisions?

The US Supreme Court realizes that precedent needs to be respected and considered very carefully in new decisions in order to prevent social and institutional chaos. Supreme Court decisions may form the foundation of laws or be interwoven into other cases that rely on the precedent standing. Overtur (MORE)

What gives the US Supreme Court the right to overrule a state law?

Article VI, Clause 2 (Supremacy Clause) states that the US Constitution, federal laws and US treaties have greater authority than state laws. The Supreme Court may overturn or nullify a state law that violates the Constitution, but only if the law is relevant to a case before the Court and is no (MORE)

What did President Andrew Jackson say when the Supreme Court made its decision about the Georgia laws?

According to popular myth, Jackson was supposed to have said, "John Marshall has made his decision, now let him enforce it!" In Paul Boller's book, They Never Said It: A Book of False Quotes, Misquotes, & False Attributions , historian Robert V. Remini claims Jackson never made such a statement. Th (MORE)

Can the Supreme Court overrule Amendments to the Constitution?

No. The Supreme Court is bound by the law of the Constitution. No one has authority to override amendments. The Constitution can only be changed by a two-thirds majority of both Houses of Congress and ratification by 75% of the states -- a difficult achievement.

Which President packed the US Supreme Court to have a decision overruled?

The question is a little misleading. No President successfully packed the US Supreme Court. President Franklin D. Roosevelt proposed a bill in 1937 that would have added one justice to the Supreme Court for each sitting justice over the age of 70.5, to a maximum of six justices, which would have inc (MORE)

Who can overrule a Supreme Court decision that a law is unconstitutional?

There are only two ways in which a decision can be overruled: . The Court can change it's own decision or make a different constitutional interpretation in a later decision. (the Court itself) . Congress and/or the States can ratify a constitutional amendment that effectively overturns a Supr (MORE)

How did President Jackson respond to the US Supreme Court's decision supporting Cherokee rights?

President Jackson and Congress opposed the Court's developing support of Native American rights; however, the Cherokee weren't removed from their ancestral land during Jackson's administration, but six years after the Worcester decision, under the Van Buren administration. According to popular (MORE)

When can the US Supreme Court overrule a State law?

The US Supreme Court can overturn a State law that is repugnant to the US Constitution (violates a provision of the Constitution that is applicable to the States), but only if the law is relevant to a case under the Court's review.

Why were the Cherokees forced to move even though the supreme court ruled in there favor?

The population of European settlers who moved to the colonies created a need for more space. The advantage for the settlers was that the Cherokee worked very hard to learn the lifestyle that the Europeans were bringing to the Americas. The disadvantage was that the Cherokee worked hard to learn the (MORE)

What state did Jackson move the Cherokee tribe from?

The Cherokee had lived in the lower Appalachians, which includes present-day states of Georgia, Tennessee, North and South Carolina, and parts of Kentucky and Alabama. But, it started with citizens wanting the Cherokee to leave Georgia because gold was discovered on their tribal lands.

How did president jacksons views towards native Americans differ from the supreme courts views?

It is my understanding that President Andrew Jackson and Chief Justice John Marshall were diametrically opposite in their views of Native American rights. In fact, Jackson refused to accept any Supreme Court action that would favor the Native American. For example, in response to the Supreme Court's (MORE)

Can supreme court overrule a military tribunal?

The Supreme Court historically separates itself from military matters, allowing the military court system to handle military matters as members of the armed forces are not entitled to the same legal protections as civilians. The UCMJ is the military's version of the Constitution so-to-speak. Also (MORE)

Can the president overrule the state courts?

No. Rulings from states are only overruled if the decision is taken to the Supreme Court.. The court doesn't take all cases. The president does not have anything to do with any of this nor is he able to as set by the constitution .

If supreme court overrules roe vs wade must the decision be ratified by the states?

The Supreme Court (or any other court) is very unlikely to reverseprior case law decisions. However to directly answer your question, decisions by court of anykind are "final" and require no ratification by anyone. Courtdecisions may be challenged by new legislation or ConstitutionalAmendments that (MORE)

What are 2 ways to overrule the Supreme Court?

Well, you could 1. Change the law or 2. Try a similar case with different justices later... the SupremeCourt can overturn a decision made by a previous Supreme Court. As far as overturning a current decision of the current court...you can't. The Supreme Court is the court of last resort, withnothi (MORE)