Which Supreme Court decision denied the right of states to take tribal lands but was ignored by President Andrew Jackson?

Answer 1

None. 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 (Cherokee Nation v. Georgia, (1831)) 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.

In Worcester v. Georgia, (1832), the US Supreme Court ruled Georgia laws (and by extension similar laws in others states) regulating the Cherokee and use of their territory was inapplicable because 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 the Native Americans; Georgia could not force them off their land. The Marshall Court also expressed the opinion that the federal government owed a duty of protection to the Native Americans from Georgia's aggression. Unfortunately, the United States was not party to the suit. Although Marshall charged Jackson with a moral obligation, his literal opinion with regard to the United States' obligations toward a domestic dependent did not carry the weight of law.

This case is often confused with the earlier Cherokee Nation v. Georgia, (1831), in which the Cherokee fought to retain their land rights after Georgia enacted a series of laws that stripped Native Americans of their rights, in order to annex their land and force the Cherokee to leave the state (1828).

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 of the Cherokee Nation's status not being that of another state. The injunction was denied, but the Court indicated it would be willing to review the matter on appeal from the lower courts.

While President Jackson supported the move, and thwarted the Court by appointing like-minded justices to dilute Marshall's influence, the sad conclusion to this story occurred after Jackson left office. In 1836, Congress negotiated a removal treaty with the Cherokee Nation, the Treaty of New Echota. This resulted in the forcible removal of the Native Americans from their land by the U.S. Army under the Van Buren administration in 1838, a travesty later known as The Trail of Tears.

For more information, see Related Questions, below.

Answer 2

None. 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 (Cherokee Nation v. Georgia, (1831)) 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.

In Worcester v. Georgia, (1832), the US Supreme Court ruled Georgia laws (and by extension similar laws in others states) regulating the Cherokee and use of their territory was inapplicable because 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 the Native Americans; Georgia could not force them off their land. The Marshall Court also expressed the opinion that the federal government owed a duty of protection to the Native Americans from Georgia's aggression. Unfortunately, the United States was not party to the suit. Although Marshall charged Jackson with a moral obligation, his literal opinion with regard to the United States' obligations toward a domestic dependent did not carry the weight of law.

This case is often confused with the earlier Cherokee Nation v. Georgia, (1831), in which the Cherokee fought to retain their land rights after Georgia enacted a series of laws that stripped Native Americans of their rights, in order to annex their land and force the Cherokee to leave the state (1828).

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 of the Cherokee Nation's status not being that of another state. The injunction was denied, but the Court indicated it would be willing to review the matter on appeal from the lower courts.

While President Jackson supported the move, and thwarted the Court by appointing like-minded justices to dilute Marshall's influence, the sad conclusion to this story occurred after Jackson left office. In 1836, Congress negotiated a removal treaty with the Cherokee Nation, the Treaty of New Echota. This resulted in the forcible removal of the Native Americans from their land by the U.S. Army under the Van Buren administration in 1838, a travesty later known as The Trail of Tears.

For more information, see Related Questions, below.