They were forced to move because Andrew Jackson ignored the Court and forced them to move to new lands West of the Mississippi River. They had to walk all the way to their new homes, which is known as the Trail of Tears.
President Andrew Jackson reportedly defied the Supreme Court's ruling in Worcester v. Georgia (1832), which upheld the rights of the Cherokee Nation against state encroachments. Jackson allegedly remarked, "John Marshall has made his decision; now let him enforce it," indicating his refusal to support the Court's decision. This response exemplified his broader policy of Indian removal and highlighted the tension between federal authority and state interests during his presidency. Ultimately, Jackson's inaction allowed Georgia to continue its efforts to remove the Cherokee from their lands.
In Georgia, the three levels of courts are the trial courts, appellate courts, and the Supreme Court of Georgia. The trial courts include Superior Courts, State Courts, and Municipal Courts, where cases are initially heard. The appellate courts consist of the Georgia Court of Appeals and the Supreme Court, which review decisions made by trial courts. Each level serves a distinct function in the judicial process, ensuring fair legal proceedings and the interpretation of laws.
The Georgia Court of Appeals is the intermediate appellate court and the court of last resort for the state is the Georgia Supreme Court.
The three levels of the court system in Georgia are the trial courts, appellate courts, and the Supreme Court of Georgia. Trial courts include Superior Courts, State Courts, and Magistrate Courts, which handle a range of cases from civil to criminal. The Court of Appeals serves as the intermediate appellate court, reviewing decisions from the trial courts. The Supreme Court of Georgia is the highest court, addressing significant legal issues and ensuring uniformity in the interpretation of state law.
Georgia has one constitutional court, known as the Supreme Court of Georgia. This court serves as the highest appellate court in the state, handling cases involving constitutional issues, among other legal matters. Additionally, Georgia has a system of lower trial courts and appellate courts, but only the Supreme Court is designated as the constitutional court.
Georgia Law
Before the Trail of Tears, the Cherokee Nation sought to protect their lands through legal means and diplomacy. They adopted a written constitution, established a formal government, and engaged in treaties with the United States, notably the Treaty of New Echota in 1835, which they later rejected. The Cherokee also sought support from sympathetic allies and appealed to the federal courts, notably in the case of Worcester v. Georgia (1832), where the Supreme Court ruled in their favor. Despite these efforts, the U.S. government ultimately ignored the court's decision, leading to their forced removal.
by a nonpartisan election.
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.
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.
The Georgia state court system is organized into several tiers, primarily consisting of the Supreme Court, the Court of Appeals, and various trial courts. The trial courts include Superior Courts, State Courts, Probate Courts, Magistrate Courts, and Juvenile Courts, each handling specific types of cases. The Supreme Court serves as the highest court, overseeing appeals from the Court of Appeals and certain cases from trial courts. This structure allows for a systematic approach to handling legal matters across the state.
No one won the case Cherokee Nation v Georgia, (1831). The US Supreme Court determined it didn't have authority to hear the case under original (trial) jurisdiction because the Cherokee Nation didn't qualify as a State. Chief Justice Marshall indicated the Court would hear the case on appeal. Unfortunately, the Cherokee didn't refile in the lower courts, so their case was never officially heard.For practical purposes, the Cherokee lost because they were unable to negotiate the federal judicial system to get a favorable ruling before the US government removed them from their ancestral land in the tragedy that became known as The Trail of Tears.Case Citation:Cherokee Nation v. Georgia, 30 U.S. 1 (1831)