What portion of the US constitution were not followed in the Trail of Tears?

  • The Fourth Amendment regarding siezure of property.
  • The Fifth Amendment regarding just compensation.
  • The Eighth Amendment regarding cruel and unusual punishment.
  • The Ninth Amendment regarding individual rights. In 1832 the Supreme Court ruled in Worcester vs. State of Georgia that the State had no right over Indian affairs. That same court had previously ruled that the Cherokee were not a soverign nation.