answersLogoWhite

0

AllQ&AStudy Guides
Best answer

The plaintiff (or complainant) was the Cherokee Nation; the defendant (actually the respondent) was the State of Georgia.

Case Citation:

Cherokee Nation v. Georgia, 30 U.S. 1 (1831)

This answer is:
Related answers

The plaintiff (or complainant) was the Cherokee Nation; the defendant (actually the respondent) was the State of Georgia.

Case Citation:

Cherokee Nation v. Georgia, 30 U.S. 1 (1831)

View page

There was no vote in Cherokee Nation v Georgia, (1831) because the Supreme Court determined it didn't have authority to hear the case under original (trial) jurisdiction because the Cherokee Nation didn't qualify as a State. Chief Justice Marshall indicated the Court would be willing to hear an appeal, if necessary, but the case first had to be refiled in a lower court. Unfortunately, it was never refiled.

Case Citation:

Cherokee Nation v. Georgia, 30 U.S. 1 (1831)

View page

Worcester v. Georgia ruled that the Cherokee Tribe "constituted a nation holding distinct sovereign powers." Jackson defied the Supreme Court and kicked the Cherokee out of their homes to Oklahoma. Many died on the Trail of Tears.

View page

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)

View page

The Cherokee Nation was politically independent with its own sovereign powers.

View page
Featured study guide
📓
See all Study Guides
✍️
Create a Study Guide
Search results