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Why didn't the US Supreme Court enforce its ruling in Worcester v. Georgia?
Wiki User
∙ 13y ago
There was no need to enforce the ruling, because Georgia capitulated to pressure from President Jackson and complied with the Court's order to release the missionaries. Georgia ignored the Marshall's opinion about the state's lack of rights with regard to both the Cherokee and their territory, enabled by a lack of intervention from Congress and the President.
Explanation
The Supreme Court doesn't have authority to enforce its rulings under the Constitution. Any enforcement is the responsibility of the Executive branch, and depends upon supporting federal law from the Legislative branch.
Worcester v. Georgia, (1832), 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.
When the appeal reached the Supreme Court, the Court declared the United States relationship to the Cherokee that of two separate nations, with the Cherokee considered a "denominated domestic dependent nation." This gave the federal government the sole right of negotiation with the Native American nations, barring Georgia from taking action against them. Chief Justice John Marshall further opined that the government did not have the right of possession of Native American land, nor dominion over their laws, short of military conquest or legal purchase. He also stated the United States had a duty to protect the Cherokee Nation from Georgia, which the federal government chose to ignore.
Popular folklore alleges President Jackson's response to the decision was, "John Marshall has made his decision; now let him enforce it!" According to Paul Boller's book, They Never Said It: A Book of False Quotes, Misquotes, & False Attributions, however, what Jackson actually said was, "...the decision of the Supreme Court has fell still born, and they find that they cannot coerce Georgia to yield to its mandate," meaning the Court had no power to enforce its edict. The federal government declined to intervene, as Marshall suggested.
Despite the Court's expressed opinion, the only legal ruling in the case was one that overturned Georgia's conviction of the missionaries and nullified the related state laws. Under pressure from President Jackson, Georgia complied with the Court's order and released the plaintiffs, while ignoring the opinion about the state's lack of rights with regard to both the Cherokee and their territory.
Marshall's comments about the federal government owing the Cherokee protection were not part of the official ruling because the United States government was not party to the case and not obligated to accommodate the Chief Justice's personal beliefs.
Jackson continued to support Georgia in its mission to drive the Native Americans from their land, and successfully hobbled Marshall by nominating like-minded Associate Justices to vacancies on the then seven-member court.
The sad conclusion to this story was the 1836 ratification of a legally questionable removal treaty with the Cherokee Nation, the Treaty of New Echota. This resulted in the US Army forceably removing the Native Americans from their land under the Van Buren administration in 1838, a travesty later known as The Trail of Tears.
Case Citation:
Worcester v. Georgia, 31 US 515 (1832)
For more information, see Related Links and Related Questions, below.
Wiki User
∙ 13y ago
Wiki User
∙ 11y agoThe Supreme Court was simply unable to take further action.
The Supreme Court doesn't have authority to enforce its rulings under the Constitution. Any enforcement is the responsibility of the Executive branch, and may depend upon supporting federal law from the Legislative branch.
President Jackson persuaded the Governor of Georgia to release the eleven missionaries the State imprisoned for living on Cherokee land without the required license. But he ignored the Supreme Court's position that Georgia had no constitutional right to extend its laws to the Cherokee nation, or to support nullification of the statute requiring whites to buy permits to live on Cherokee land. By ignoring that part of the Court's decision, Jackson gave Georgia (and other states) tacit permission to infringe Native American rights. The federal government also wanted the Cherokee removed, a task they later accomplished under the illegal Treaty of New Echota during President Martin Van Buren's administration.
Although Chief Justice Marshall opined that the federal government owed the Cherokee protection as a "denominated domestic dependent nation," the United States wasn't party to the suit, and couldn't be compelled to enforce the Court's order.
Case Citation:
Worcester v. Georgia, 31 US 515 (1832)
For more information, see Related Questions, below.
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Why did the ruling in Worcester v. Georgia have little positive effect?
President Jackson did not enforce the ruling.
In 1832 the US Supreme Court ruled in Worcester v. Georgia that the state of Georgia had no right to force the Cherokee from their native lands. Why did this ruling have little positive effect?
President Jackson did not enforce the ruling.
How did President Jackson respond to the supreme court's ruling in worcester v Georgia that Georgia had no right to interfere with cherokee?
In response to the Supreme Court's ruling in Worcester v Georgia that Georgia had no right to interfere with the Cherokee, President Jackson disregarded the decision and removal of the Cherokee proceeded as planned.
How did President Jackson respond to the ruling worcester V Georgia?
Jacksons response: "John Marshall has made his decision, now let him enforce it."
What do you think of President Jackson refusal to enforce the Worcester Georgia ruling?
Jackson took no action to make Georgia follow the ruling. By not enforcing the courts decision , Jackson violated his presidential oath to uphold the laws of the land.
What do you think of President Jacksons refusal to enforce the Worcester v. Georgia ruling?
Jackson took no action to make Georgia follow the ruling. By not enforcing the courts decision , Jackson violated his presidential oath to uphold the laws of the land.
What was president Jackson's response to the ruling in Worcester v Georgia?
Jackson supported Georgia's efforts to remove the Cherokee
What did the supreme court decide in the case and what was president jackson's response to the court ruling?
In the case of Worcester v. Georgia (1832), the Supreme Court ruled that Georgia's laws did not apply to the Cherokee Nation and that the removal of Native Americans from their lands was unconstitutional. President Andrew Jackson disagreed with the ruling and famously said, "John Marshall has made his decision; now let him enforce it." Jackson refused to enforce the court's decision, leading to the forced removal of Native Americans along the Trail of Tears.
Do you agree with Jackson's refusal to enforce the Worcester v Georgia ruling?
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.
Who led us troops to victory in the Battle of new Orleans became US President and later refused to enforce a Supreme Court ruling in Worcester v. Georgia?
Worcester v. Georgia, 31 US 515 (1832)General Andrew JacksonPresident Jackson didn't refuse to enforce a US Supreme Court ruling. This is a popular myth perpetuated by the internet and other unreliable sources, arising from the ruling in Worcester v. Georgia, 31 US 515 (1832), in which the Supreme Court, under the leadership of John Marshall, declared Native Americans had a right to federal protection against enforcement of unconstitutional state laws.President Jackson never said, "John Marshall has made his decision, now let him enforce it!" In Paul Boller's book, They Never Said It: A Book of False Quotes, Misquotes, & False Attributions, historian Robert V. Remini explains Jackson wrote in a letter to John Coffee, "...the decision of the Supreme Court has fell still born, and they find that they cannot coerce Georgia to yield to its mandate," meaning the Court's opinion was moot because it had no power to enforce its edict (not being a legislative body).In fact, Georgia did obey the Supreme Court's only substantive ruling, which ordered the release from jail of missionaries who had lived on Native American land without buying a required state license. Since Georgia complied, there was nothing to enforce.President Jackson and Congress opposed the Court's developing support of Native American rights, which they later demonstrated by seizing Native American land and displacing its inhabitants in the "Trail of Tears" tragedy.For more information about Worcester v. Georgia, see Related Questions, below.
Was the court's decision in worcester vs Georgia enforced?
There was nothing to actually enforce. Georgia complied with the Court's ruling not to treat directly with the Native American Nations. Within four years, though, the Trail of Tears would begin, which expelled most of the Cherokee from Georgia anyway.
Did Andrew Jackson and the State of Georgia obeyed the Supreme Court ruling in Cherokee v Georgia?
no
