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In the case of Cherokee Nation vs. Georgia, the Supreme Court declined even to hear the case, because the Supreme Court had no real jurisdiction over the case, since the Cherokees were their own separate nation.
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What did Chief Justice John Marshall rule on the Cherokee Case?
Which one? There were at least three US Supreme Court cases concerning the Cherokee Nation during Chief Justice Marshall's tenure on the bench. For more information, see Related Questions, below.
How did Chief Justice John Marshall rule in Worester v Gerogia?
In favor of Worester as the United States Condition recognized the Cherokee nation as its own sovereign ruling body, Georgia's act was unconstitutional.
Why did John Marshall support the third branch?
He was a lawyer and Chief Justice of the Supreme Court. Marshall believed a country should be governed by the rule of law, not the rule of man.
How did Thurgood Marshall rule in the Roe V Wade decision?
Thurgood Marshall ruled in favor of legalizing abortion in the Roe v Wade case.
What was John Marshall's occupation as an adult while the US was still under British rule?
John Marshall became an adult during the Revolutionary War, serving first as a minuteman in the Culpepper (Virginia) militia, then as Lieutenant of the 11th Virginia Continental Regiment, so his only occupation while an adult under British rule was that of soldier. Marshall was accepted to the bar and began his career as a lawyer in 1780.
What did the Supreme Court rule in the case Worcester v. Georgia?
Court ruled that Georgia was not entitled to regulate the Cherokee nor to invade their lands.
In which Supreme Court decision did Chief Justice John Marshall rule that Georgia had no right to interfere with the Cherokee?
In Worcester v. Georgia, (1832) Marshall expressed the opinion that the Cherokee was a sovereign nation and only the federal government had the right to regulate them. Further, the Cherokee had no obligation to follow Georgia law within their own territory. Marshall also informed Georgia that it had no right to make laws governing the use of Cherokee land.Case Citation:Worcester v. Georgia, 31 US 515 (1832)In Worcester v. Georgia, 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.Georgia ignored the order to stop interfering with the Cherokee's rights, and President Jackson made no effort to enforce the order because he had no legal obligation to do so, and sympathized with Georgia's interests.Case Citation:Worcester v. Georgia, 31 US 515 (1832)For more information, see Related Questions, below.
How did the Cherokee Indians rule their tribe?
They ruled the Cherokee tribes tribes by seeing who can be a good leader or a good chief
How did chief 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.
What is the temporary rule over the civilian population by the military called?
Marshall Law
What was the US Government's civilization policy for the Five Civilized tribes?
Our government and people first tried to civilize the Native American tribes which consisted of clothing, lifestyle, jobs, food, and farming. Whites formed such groups as "The Society for Propogating the Gospel Among Indians". After awhile, there were five distinct tribes that did not vehemently refuse this "civilization"; the Cherokee, Creeks, Choctaws, Chickasaws, and Seminoles. These Native American tribes, especially Cherokees, adopted a written language, a written legal code, a written constitution based off our own with the three branches of government, farming, and slaveholding. Despite all of this, in 1828 Georgia legislature declared Cherokee tribal council illegal and asserted their jurisdiction power over all land and affairs of the tribe. Cherokee declared this unfair and brought the case to the Supreme Court where 3 times did John Marshall rule in the Native American's favor. Our president at the time (Jackson) did not want to leave the Cherokee where they were and told Marshall that he had made his decision, and now he had to enforce it.(This was obviously impossible because the rights to enforce laws had been given to the executive office.)
Why did Worcester v Georgia not allow the Cherokee to keep their land?
Worcester v. Georgia, (1832) had nothing to do with whether the Cherokee could keep their land. The case 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.The Supreme Court never had a valid opportunity to rule on a case determining whether the Cherokee could keep their land. Chief Justice John Marshall's written opinion that the federal government had an obligation to protect the Native Americans was not part of the legal ruling; it was simply his personal opinion.More InformationIn Cherokee Nation v. Georgia, 30 US 1 (1831), the Cherokee petitioned the US Supreme Court for an injunction against the state of Georgia, to prevent them from annexing the Nation's land. The Court determined it didn't have original jurisdiction to hear the matter because it ruled the Cherokee Nation was not a state but a "denominated domestic dependent nation." As such, only the federal government had the right to negotiate with them, and owed the Native Americans a duty of protection against the state of Georgia, due to their dependent status. While this set precedent establishing Native American Nations' relationship to state and federal government, it only created a moral, not legal, obligation for the United States, because the US wasn't party to the suit. The injunction was denied, and the case dismissed.Chief Justice Marshall told John Ross to refile the case in a lower court, but this never happened.in Worcester v. Georgia, 31 US 515 (1832), the Court held that Georgia had no right to pass laws regarding use of Native American land, and ordered the Governor to release missionaries (Worcester, et al.) imprisoned for violating a state law passed in 1828 requiring whites to purchase a permit in order to live on Cherokee land. Georgia complied with the Supreme Court decision, but only because President Jackson applied pressure on Georgia's Governor to pardon the missionaries.Chief Justice Marshall explicitly stated Georgia had no legal claim to the land because the rights had passed from England to the federal government following the Revolutionary War, giving the federal government sole right to negotiate with the Cherokee. While Marshall again expressed a belief that the United States should protect the Cherokee from hostile state action, the Court couldn't rule the Cherokee could keep their land for two reasons:The United States was not party to the suit in Worcester v. Georgia, and not obligated to abide by Marshall's literal opinion, no matter how forcefully he stated it.The Court didn't have jurisdiction to rule on the eviction issue, because the question wasn't raised in the case.While both cases are historically important, they only applied to Georgia; neither prevented the United States from acting to relocate the Cherokee. The federal government accomplished this mission via the Treaty of New Echota, a removal agreement offering the Nation $5 million and land in Indian Territory (present day Oklahoma) in exchange for their ancestral Southern land.John Ross, elected leader of the Cherokee Nation never signed the Treaty; however, a small faction within the Nation, The Ridge Party (named for Major Ridge, who engineered the transaction), endorsed it, collected the money, and moved. The Ridge Party signatories weren't elected representatives of the tribe, and broke Cherokee law when acting as their agent, but Congress proceeded as though the agreement was valid. John Ross protested to Congress, but was ignored.The dispute over the Treaty of New Echota was never presented to the US Supreme Court, so they had no way to intervene on the Native Americans' behalf.
