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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)
What else can I help you with?
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.
What lower court does the US Supreme Court have the right to review decision made?
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.
How did the Cherokee attempt to protect their lands before the Trail of Tears?
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.
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.
What if a state declares a law unconstitutional and void?
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.
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.
How did president Jackson respond to the supreme courts ruling in Worcester v. Georgia?
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.
What are 3 levels of courts in GA?
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.
What part of a supreme courts ruling decision presents the argument in favor of the courts ruling?
majority opinion
What are Georgia two major courts of appellate jurisdiction?
The Georgia Court of Appeals is the intermediate appellate court and the court of last resort for the state is the Georgia Supreme Court.
What are three levels of the court system in Georgia?
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.
What did the supreme courts decision in Marbury v. Madison establish?
Judicial Review
How does the supreme court overturn a lower courts decision?
By issuing a judicial review.
What was the impact of the supreme courts decision in Gitlow v. New York?
no one knows
What is the term for the written explanation of why some judges disagree with supreme courts decision?
Dissent
Which part of the supreme court decision presents the argument in opposition to the courts ruling?
Dissent
What is term for the written explanation of why some judges disagree with the supreme courts decision?
Dissent
