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What was the US Supreme Court's decision in Cherokee Nation v Georgia?
Wiki User
∙ 13y ago
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)
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoThere was no legal decision. The Supreme Court determined it didn't have authority to hear Cherokee Nation v Georgia,(1831) 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)
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What was Georgia's policies towards Native Americans?
In 1828 the Cherokee, a "civilized" tribe who had lived in peace working as farmers, building houses and roads found gold on their land. As a result white settlers moved in and the State of Georgia claimed jurisdiction over the Cherokee. The Cherokee sued claiming they were independent from Georgia. The Supreme Court ruled in favor of the Cherokee. The victory was short lived, however, as President Andrew Jackson in response to the Courts decision is reputed to have said, "John Marshall has made his decision. Now let him enforce it." Instead the federal government removed the Indians to Oklahoma.
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ALL lower courts, both state and federal, can be reviewed by the Supreme Court. Every court in the nation is subordinate to the US Supreme Court.
What role did president Jackson play during the trail of tears?
President Andrew Jackson was the official who approved of the Indian Removal Act of 1830. There were five major tribes: the Cherokee, Choctaw, Chickasaw, Creek, and Seminole. The Cherokee challenged the Indian Removal Act in the courts of the United States. It made its way up to the Supreme Court where it went under the supervision of John Marshall. He ruled the favor to the Cherokee. Note the Supreme Court could make the ruling but cannot enforce it, only the executive branch (the president) has the power to do so. The president at that time, Andrew Jackson ignored the decision of the Supreme Court and stilled removed the Indians from their land.
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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.
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What was Georgia's policies towards Native Americans?
In 1828 the Cherokee, a "civilized" tribe who had lived in peace working as farmers, building houses and roads found gold on their land. As a result white settlers moved in and the State of Georgia claimed jurisdiction over the Cherokee. The Cherokee sued claiming they were independent from Georgia. The Supreme Court ruled in favor of the Cherokee. The victory was short lived, however, as President Andrew Jackson in response to the Courts decision is reputed to have said, "John Marshall has made his decision. Now let him enforce it." Instead the federal government removed the Indians to Oklahoma.
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