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When did the missionaries appeal their case to the US Supreme Court in Worcester v. Georgia?
Wiki User
∙ 13y ago
The missionaries were convicted on September 15, 1831 in Gwinnett County Superior Court, and the US Supreme Court issued a writ of error to the Court on October 27, 1831. The exact date the appeal was filed is not listed, but would likely have been no more than a week or two prior to the order being issued.
Oral arguments were held February 20, 1832, and the opinion of the Court released on March 3, 1832.
Case Citation:
Worcester v. Georgia, 31 US 515 (1832)
For more information, see Related Questions, below.
Wiki User
∙ 13y ago
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What can the state do to laws they think are unconstitutional?
They can appeal to the United States Supreme Court to have the law be declared unconstitutional by the Supreme Court's right to judicial review.
What was the case of Worcester verses Georgia?
President Jackson pressured the Governor of Georgia to release the eleven jailed missionaries, upholding the only substantive ruling in the case.Worcester served little useful purpose to the Cherokee. The US Supreme Court ruled that the state of Georgia had no legal right to interfere with the Nation or pass laws enforceable on native land, but had no power to enforce its decisions.Chief Justice Marshall wrote a strong opinion urging the federal government to protect the Native Americans from Georgia's aggression, but was unable to persuade President Jackson to his point of view. Georgia chose to ignore the Supreme Court's order to stop intruding on the Cherokee's rights, and since Jackson had no legal obligation to abide by Marshall's opinion (because the US government wasn't party to the Worcester v. Georgia case), nothing changed for the better as a result of the case.Marshall had no real hope of finding support for his position in the federal government, because the President and majority of Congress wanted to convert prime Cherokee property for their own economic use. In 1838, the United States succeeded in acquiring Cherokee land in an illegal trade under the Treaty of New Echota. The end result was the tragic "Trail of Tears" relocation from Georgia to territory west of the Mississippi River, causing hardship and death for many Native Americans.Case Citation:Worcester v. Georgia, 31 US 515 (1832)For more information, see Related Questions, below.
What was the US Supreme Court's decision in Cherokee Nation v Georgia?
The case of Cherokee Nation v. Georgia, (1831), involved a question of Supreme Court jurisdiction after the state of Georgia enacted a series of laws in 1828 that stripped Native Americans of their rights, in order to annex their land and force the Cherokee to leave the state.Fearing Georgia had the support of President Jackson, John Ross, Chief of the Cherokee Nation, led a delegation to Washington to plead for relief directly from Congress, bypassing the usual process of negotiating directly with the President. Although Ross found support in Congress, it was insufficient to overturn Georgia law.Ross then appealed directly to the US Supreme Court for an injunction against Georgia's laws. The Court determined it didn't have original jurisdiction over the matter because the Cherokee Nation was not a state but a "denominated domestic dependent nation." The injunction was denied, but the Court indicated it would be willing to review the matter on appeal from the lower courts.Case Citation:Cherokee Nation v. Georgia, 30 U.S. 1 (1831)
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 Chief Justice John Marshall wrote about the federal government's obligation to the Cherokee was personal opinion, not part of a legally binding decision._______________________________________________________________What I'm about to say might help. In the court case, Worcester v. Georgia, the court said that the Cherokee's couldn't be affected by Georgia's state laws that would try to break the terms on which they self govern themselves. The court might have said this but both Georgia and President Andrew Jackson ignored the court's ruling._______________________________________________________________More InformationAccording 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. The tale is based on something Jackson wrote in a letter to John Coffee, "...the decision of the Supreme Court has fell still born, and they find that they cannot coerce Georgia to yield to its mandate,"meaning the Court's opinion was moot because it had no power to enforce its edict (not being a legislative body).The State of Georgia wanted to evict the Cherokee tribes from treaty land because gold had been discovered on it. The Cherokee tribe took the matter to the Supreme Court, where then Chief Justice John Marshall presided.The case, Cherokee Nation v. Georgia, 30 US 1 (1831), was dismissed for lack of original jurisdiction because the Supreme Court determined the Cherokee Nation and United States were like two separate nations, with the Cherokee's status that of a "denominated domestic dependent nation," which the federal government was obligated to protect.In Worcester v. Georgia, (1832), Chief Justice John Marshall stated that Georgia had no legal right to interfere with the Cherokee and held that the Native Americans were not bound by Georgia law while on their own land. In the Court's opinion the territory under Cherokee occupation would have passed to the United States government following the British defeat in the Revolutionary War, and that the Cherokee Nation was not a state but a "denominated domestic dependent nation." This created an implied obligation for the federal government to defend the Native Americans against Georgia, but Jackson ignored Marshall's suggestion because Marshall's comments about the United States' obligations were personal opinion, not part of the legal decision.While this may appear to grant the Cherokee a right to remain on tribal land, the ruling only applied to the state of Georgia. The Court lacked jurisdiction over the United States government because the United States was not party to the case, and the question before the Court related to the fate of imprisoned missionaries (Worcester, et al.), and whether the State of Georgia had a right to make laws regulating the use of Cherokee land, not removal.Unfortunately, the decision couldn't reach the broader issue regarding Georgia's and Congress' determination to evict the Cherokee, so any allegations that the Supreme Court determined the Cherokee could remain on their land is a misinterpretation of the case.Jackson was a staunch proponent of Indian removal because, in his view, the Indian land was a valuable commodity, and their occupation stood in the way of progress. The United States had already appropriated more than 22 million acres of land from the Creek (1814) and Seminole (1818) nations by use of military force. An earlier Supreme Court ruling, Johnson v. M'Intosh (1823), validated this practice, while the Worcester ruling seemed to condemn it, supporting, instead, Native American rights.Both Jackson and the state of Georgia ignored the Court's ruling about Georgia law being inapplicable in Native American territory.The US government was ultimately responsible for the Cherokee being removed from Georgia as a result of the Treaty of New Echota, ratified in 1836. Congress offered the Native Americans $5 million and land 1,000 miles away in Indian Territory (present day Oklahoma) in exchange for their Southern land. An unauthorized faction within the Cherokee Nation agreed to the Treaty, but the elected Cherokee officials protested to Congress. Congress ignored them.President Van Buren, Jackson's cohort and successor, ordered federal troops to force some 15,000 Cherokees to leave Georgia in winter, leading to what became known as the Trail of Tears for the many who died en route.
What if a state declares a law unconstitutional and void?
If a state court declares a state law unconstitutional, the state will probably appeal the case to the state supreme court. If a state court declares a federal law unconstitutional, the losing party in the case will appeal the decision in the federal courts. The case could ultimately be heard by the US Supreme Court; however, if a lower court reverses the state court's decision and either the appropriate US Court of Appeals Circuit Court or US Supreme Court decline to consider the case, the decision of the lower federal court would be final. The US Supreme Court is the ultimate arbiter of constitutionality.
What is the highest court in Georgia that person can eventually appeal to when break law?
The highest court in any state is the state's Supreme Court. So, the Georgia Supreme Court.
Did the US Supreme Court case Worcester v. Georgia legally open Cherokee lands to mining?
No. The case had nothing to do with mining.Worcester v. Georgia (1832) addressed a Georgia law requiring whites living in Cherokee territory to obtain a permit from the state. When seven missionaries refused to follow the law, they were convicted and sentenced to four years hard labor.When the appeal reached the Supreme Court, Chief Justice Marshall stated the United States relationship to the Cherokee was that of two separate nations, giving the federal government the sole right of negotiation with the Native American nations, and barring Georgia from taking action against them. Marshall further opined that the government did not have the right of possession of Native American land, nor dominion over their laws, short of military conquest or legal purchase.According to Marshall, the Cherokee weren't bound by Georgia state law while in their own territory, and Georgia couldn't make laws regarding use of their territory.He also ordered Georgia to release the missionaries, which it did.
Can you appeal the supreme court of Canada?
You can appeal to the Supreme Court of Canada from a lower court, but you cannot appeal a decision made by the Supreme Court
How did Chief Justice John Marshall rule in Worcester v. Georgia?
In Worcester v. Georgia, (1832), the US Supreme Court decided the states (in this case, Georgia) had no right to redraw the boundaries of Native American territories, or to require white people to purchase a license to live on the land. As a result, the lower court decision convicting eleven missionaries of violating state law by refusing to purchase a permit to live on Cherokee land was reversed.The seven-member Supreme Court, lead by Chief Justice John Marshall, voted 6-1 on March 3, 1832, to overturn the missionaries' convictions.Case Citation:Worcester v. Georgia, 31 US 515 (1832)For more information, see Related Questions, below.
How does a case on appeal reach a supreme court?
A case on appeal reaches the supreme court if the judges below them cant handle it or that case specifically but it is very hard to get a case on appeal in the supreme court
When was Supreme Court of Appeal of South Africa created?
Supreme Court of Appeal of South Africa was created in 1910.
Is the supreme court is the final court of appeal in the US?
The Supreme Court might be the final court of appeal in the United States. But, it has happened in some situations where the Supreme Court has told a state that they can deal with an appeal if the Federal court is not the right jurisdiction.
If the US Supreme Court denies your case is there another court to appeal to?
No. The US Supreme Court is the final court of appeal; if they deny your case, the decision of the lower court stands. There is no other avenue of appeal.
Who do you appeal to After court of appeals and how long do you have?
The Supreme court
Who do the representatives appeal to for rectitude of their intentions?
The Supreme Judge.
After losing an appeal to the VA Supreme Court how long do you have before you have to report for your jail time?
If you lost an appeal to the State Supreme Court you were undoubtedly represented by an attorney. Contact him!
How do you get in the UK Supreme Court?
In most cases, to bring an appeal to The Supreme Court, you must first apply to the court which handed down the judgment to ask for permission to appeal
