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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)
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∙ 13y ago
Wiki User
∙ 13y agoThe Europeans (of Georgia and the Federal government) wanted to annex Cherokee ancestral land, but the Cherokee were very connected to their land in north-western Georgia and didn't want to move. When they were told they had to leave, the Cherokee filed suit to prevent their removal. Because the Cherokee are a separate nation, only the president and federal government were allowed to deal with the case.
The suit went before Chief Justice John Marshall and the US Supreme Court, who believed the United States should protect the Cherokee and allow them to keep their their land. But this was not a binding decision because the Supreme Court determined it didn't have authority to hear the case under original (trial) jurisdiction, and told the Cherokee they would have to first file their case in a lower federal court. Unfortunately, this didn't happen.
The US government refused to give the Cherokee back their land. Jackson said that they had to leave because he was willing to use force and the Supreme Court could not do anything about it. Most supported Jackson's attitude and a law was passed to remove the Cherokee. Although Jackson wanted to remove the Cherokee, The Trail of Tears actually occurred during the (Martin) Van Buren administration.
Case Citation:
Cherokee Nation v. Georgia, 30 U.S. 1 (1831)
Wiki User
∙ 9y agoIn Cherokee Nation v. Georgia, (1831), the Cherokee Nation was deemed neither a foreign nation nor a state because it was legally within the U.S.; however, it was considered a denominated domestic dependent nation that was not legally under the jurisdiction of the US. Because the Cherokee Nation was a domestic and separate nation, its complaints could not be heard by the Supreme Court under original (trial) jurisdiction and was dismissed with the recommendation to refile the case in a lower court. The case was never refiled.
In Worcester v. Georgia, (1832), Samuel A. Worcester claimed that since Georgia had no sovereignty over the Cherokee land, Georgia had no right to persecute him. The court ruled that the Cherokee nation was a "distinct community" with self-government in which the laws of Georgia can have no force, which led to the establishment that the national government had authority in Indian affairs, not individual states.
Worcester was tried, convicted, and sentenced by the state of Georgia, but the Supreme Court overturned the conviction and ordered Georgia to release the missionaries and stop passing laws regulating Cherokee land. The Governor of Georgia eventually complied with the first part of the order, but not the second. The Supreme Court lacked authority to enforce its decision and the US government declined to step in. Although Georgia lost the case, it eventually succeeded in illegally acquiring the Cherokee land.
Wiki User
∙ 14y agoThe USA Violated its previous treaties with the Cherokee, passed a law (found unconstitutional) called the Indian Removal Act, and then sent armed Militia and Military to round them up. IE: They put a gun to their head and said walk or die, shooting those who didn't walk (and some of those that did, for fun).
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∙ 13y agoChief Justice John Marshall believed the government had no right of possession of Native American land, nor dominion over their laws, short of military conquest or legal purchase. He also believed the United States federal government owed the Cherokee Nation protection as a dependent nation on US soil.
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∙ 14y agoCherokee Nation v. Georgia, 30 U.S. 1 (1831).
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∙ 11y agoUS Supreme Court
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Did Andrew Jackson and the State of Georgia obeyed the Supreme Court ruling in Cherokee v Georgia?
no
How did the Cherokee respond to the Indian removal act?
Because of the Indian Removal Act of 1830, the Cherokee had to be relocated. Initially, the Cherokee people did not think this really pertain to them. Unfortunately, they were forced to move, anyways. They were not prepared for so many people and hundreds of Cherokee died from starvation, exposure, and illnesses.
How do you say 'your welcome' in Cherokee?
Gvlieliga(v = 'uh' as in 'huh)
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)
How do you say YES in Cherokee Indian?
It is pronounced V: v' the v is like a nasalized short u and the : means that you take 2x's as long to pronounce it.
Who were the plaintiff and defendant in the Cherokee Nation v Georgia case?
The plaintiff (or complainant) was the Cherokee Nation; the defendant (actually the respondent) was the State of Georgia.Case Citation:Cherokee Nation v. Georgia, 30 U.S. 1 (1831)
What was the vote on the Cherokee Nation v Georgia case?
There was no vote in Cherokee Nation v Georgia, (1831) because the 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 be willing to hear an appeal, if necessary, but the case first had to be refiled in a lower court. Unfortunately, it was never refiled.Case Citation:Cherokee Nation v. Georgia, 30 U.S. 1 (1831)
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.
What was the US Supreme Court's decision in Cherokee Nation v Georgia?
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 best describes the court decision of Worcester v Georgia in 1832?
The Cherokee Nation was politically independent with its own sovereign powers.
Why was the Supreme Court case Worcester v Georgia a small victory for the Cherokee Nation?
The Cherokees', for the first time got what they wanted.
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.
Did Andrew Jackson and the State of Georgia obeyed the Supreme Court ruling in Cherokee v Georgia?
no
What was the name of the US Supreme Court case that stated the Cherokee nation was a distinct territory over which only the federal government had authority?
Worcester v. Georgia, 31 US 515 (1832)For more information on Worcester v. Georgia and related cases, see Related Questions, below.
In which Supreme Court decision did Chief Justice John Marshall rule that Georgia had no right to interfere with the Cherokee?
In Worcester v. Georgia, (1832) Marshall expressed the opinion that the Cherokee was a sovereign nation and only the federal government had the right to regulate them. Further, the Cherokee had no obligation to follow Georgia law within their own territory. Marshall also informed Georgia that it had no right to make laws governing the use of Cherokee land.Case Citation:Worcester v. Georgia, 31 US 515 (1832)In Worcester v. Georgia, the US Supreme Court decided the states (in this case, Georgia) had no right to redraw the boundaries of Native American territories, or to require white people to purchase a license to live on the land. As a result, the lower court decision convicting eleven missionaries of violating state law by refusing to purchase a permit to live on Cherokee land was reversed.Georgia ignored the order to stop interfering with the Cherokee's rights, and President Jackson made no effort to enforce the order because he had no legal obligation to do so, and sympathized with Georgia's interests.Case Citation:Worcester v. Georgia, 31 US 515 (1832)For more information, see Related Questions, below.
How did Chief Justice John Marshall rule in Worester v Gerogia?
In favor of Worester as the United States Condition recognized the Cherokee nation as its own sovereign ruling body, Georgia's act was unconstitutional.
What did the supreme court rule in Worcester v . Georgia?
Court ruled that Georgia was not entitled to regulate the Cherokee nor to invade their lands.
