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Why did the Cherokee lose their land anyway after the US Supreme Court ruled they could keep their land?
The Supreme Court didn't rule that the Cherokee could keep their land. Chief Justice John Marshall's written opinion that the federal government had an obligation to protect the Native Americans was not part of the legal ruling; it was simply his personal opinion.
In Cherokee Nation v. Georgia, 30 US 1 (1831), the Cherokee petitioned the US Supreme Court for an injunction against the state of Georgia, to prevent them from annexing the Nation's land. The Court determined it didn't have original jurisdiction to hear the matter because it ruled 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 them, and owed the Native Americans a duty of protection against the state of Georgia, due to their dependent status. While this set precedent establishing Native American Nations' relationship to state and federal government, it only created a moral, not legal, obligation for the United States, because the US wasn't party to the suit. The injunction was denied, and the case dismissed.
in Worcester v. Georgia, 31 US 515 (1832), the Court held that Georgia had no right to pass laws regarding use of Native American land, and ordered the Governor to release missionaries (Worcester, et al.) imprisoned for violating a state law passed in 1828 requiring whites to purchase a permit in order to live on Cherokee land. Georgia complied with the Supreme Court decision, but only because President Jackson applied pressure on Georgia's Governor to pardon the missionaries.
Chief Justice Marshall explicitly stated Georgia had no legal claim to the land because the rights had passed from England to the federal government following the Revolutionary War, giving the federal government sole right to negotiate with the Cherokee. While Marshall again expressed a belief that the United States should protect the Cherokee from hostile state action, the Court couldn't rule the Cherokee could keep their land for two reasons:
- The United States was not party to the suit in Worcester v. Georgia, and not obligated to abide by Marshall's literal opinion, no matter how forcefully he stated it.
- The Court didn't have jurisdiction to rule on the eviction issue, because the question wasn't raised in the case.
While both cases are historically important, they only applied to Georgia; neither prevented the United States from acting to relocate the Cherokee. The federal government accomplished this mission via the Treaty of New Echota, a removal agreement offering the Nation $5 million and land in Indian Territory (present day Oklahoma) in exchange for their ancestral Southern land.
John Ross, elected leader of the Cherokee Nation never signed the Treaty; however, a small faction within the Nation, The Ridge Party (named for Major Ridge, who engineered the transaction), endorsed it, collected the money, and moved. The Ridge Party signatories weren't elected representatives of the tribe, and broke Cherokee law when acting as their agent, but Congress proceeded as though the agreement was valid. John Ross protested to Congress, but was ignored.
The dispute over the Treaty of New Echota was never presented to the US Supreme Court, so they had no way to intervene on the Native Americans' behalf.
For more information, see Related Questions, below.
What else can I help you with?
Which federal court could declare the final word on the constitutionality of state law?
supreme court ^O^
How did the Supreme Court rule in cases affecting the right's of Chinese immigrants?
The Supreme Court ruling meant that Chinese immigrants could attend regular schools. They were able to get a better education.
Did the supreme court declare Scott as a free man?
The US Supreme Court decision on the Dred Scott case resulted in the court making it clear that Scott could not be a free man and denied his case to be free of his slavery status. The Court declared that Scott was not a US citizen, and thus could not sue for his freedom.
In the Lochner v. New York case of 1905, the Supreme Court ruled that states could not regulate working hours for bakers.?
In the 1905 Lochner v. New York case, the Supreme Court decided that states could not set limits on the hours that bakers could work.
What did the supreme court decide in 1896 that reinforced the Jim Crow laws?
The Supreme Court decided that the state governments could legally separate people of different races as long as the separate facilities were equal.
What was the legal body that supported the Cherokee's claims but could not enfrce its verdict?
The US Supreme Court
What U.S. Supreme Court case ruled in favor of the Cherokee claiming them as a sovereign nation?
The U.S. Supreme Court case that ruled in favor of the Cherokee Nation as a sovereign entity was Worcester v. Georgia (1832). The Court held that the state of Georgia could not impose its laws within Cherokee territory, affirming the Cherokee's right to self-governance. This decision emphasized the federal government's obligation to protect the rights of Native American nations. However, President Andrew Jackson famously ignored the ruling, leading to the forced removal of the Cherokee during the Trail of Tears.
In which supreme court decision did chief Justice John Marshall rule tht Georgia had no right to interfere with the Cherokee?
In the Supreme Court case Worcester v. Georgia (1832), Chief Justice John Marshall ruled that the state of Georgia had no authority to impose its laws on Cherokee lands, affirming the sovereignty of Native American nations. The Court held that only the federal government could regulate relations with Native American tribes, thus recognizing the Cherokee Nation's rights to their territory. This decision, however, was not effectively enforced, leading to continued conflict and the forced removal of the Cherokee people.
Can congressional nullification overturn the ruling of the supreme court?
No the Congress can not nullify a ruling of the Supreme Court. The Congress would have to rewrite the law which the Supreme Court had declared unconstitutional. Then the new law could overrule the Supreme Court IF the new law was declared constitutional if/when appealed.
How did the supreme court respond to the growth of racial segregation?
The Supreme Court at first said that it was the states' business and the federal government could not interfere. Later on, the Supreme Court made racial segregation illegal.
What does 'establishment' of the US Supreme Court mean?
The Supreme Court was established, or created, so that it could operate as required by Article III of the Constitution. Congress established the Supreme Court under the Judiciary Act of 1789.
Could a 12 year old be elected into the Supreme Court?
No.
Why did the Supreme Court find in favor of Worcester in the 1832 Supreme Court case?
In the 1832 Supreme Court case Worcester v. Georgia, the Court ruled in favor of Worcester, affirming that the state of Georgia had no authority to impose its laws on Cherokee lands. The decision was based on the principle that the federal government had exclusive authority over Indian affairs, as established in treaties. Chief Justice John Marshall emphasized that the Cherokee Nation was a distinct community with its own rights, and thus, the state could not infringe upon their sovereignty. This ruling highlighted the federal government's obligation to protect Native American nations from state encroachments.
When did the supreme court hear a case that could have had ramifications for common every day citizens?
The US Supreme Court hears such cases every year.
What event resulted in the Cherokees marching at gunpoint from GA to OK 1838?
Andrew Jackson's Indian Removal Act of 1830. In the case of Cherokee Nation v. Georgia, Supreme court ruled in favor of cherokees. they could keep their land. Jackson didnt care and ignored the judgment of SUPREME COURT and forced the cherokees to oklahoma (trail of tears)
When you sue an attorney is it in civil court or supreme court?
You would sue an attorney in civil court. They could also be tried criminally. The Supreme court is for appeals. They are the final appeals court. The last word n any subject.
Which court could declare final word on constitutionality of Federal law?
The highest court in the United States is the United States Supreme Court. No case may be appealed beyond the Supreme Court's jurisdiction, and the court's decision is final.
