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 have Health Insurance?

There are numerous reasons why individuals take out healthinsurance. They are by and large looking for significant serenity -the security of knowing they can become acquainted

Florida health insurance?

Contact Mike Hrad at 800-667-4128. He is the top agent/broker in Florida. He has UnitedHealthcare, Aetna, Humana, Blue Cross...all of em.. Very affordable. His insight is won

Is health insurance taxed?

no Generally, insurance payouts are non-taxable. More information is needed to answer specifically.

Can you have health insurance?

In general, yes. However, the prospective insured must meet the underwriting guidelines of the insurer. Therefore, depending upon the state of health of the prospective insure

Who invented health insurance?

Answer Schoolteachers in Texas pooled their resources and started Blue Cross to pay for bills at Baylor University Hospital.

Is health insurance bad?

no it's not bad it just costs alot! serriously get HEALTH INSURANCE! if you dont just a stupid cold witha doc visit will be 566$

Is Aflac health insurance?

It is a form of accident and health insurance, but it is supplemental in nature. That is, it does not provide primary benefits that are tied, for example, to the amount of a m

Why purchase health insurance?

Lets say, one fine morning, you wake up and realize that you are having a pain in your chest and it might be a heart attack. You are the only earning member of the family and

Is health insurance mandatory?

Under our current United States law, it is not mandatory for individuals to carry health insurance. I don't think it's a smart idea to not have health insurance, but it's just

Who health insurance cover?

Health Insurance plans cover those who purchase plans or coverages. So the premium payer and beneficiaries are the people who are covered. The premium buyers can be individual
In Health

What will health insurance do?

Your health insurance will help you financially whenever you get admitted into hospital. It will take care of your all medical bills.

Health insurance contact?

To contact your health insurance call the number located on theback of your insurance card. You can also find phone numbers in thewhite pages.