In the case of Cherokee Nation vs. Georgia, the Supreme Court declined even to hear the case, because the Supreme Court had no real jurisdiction over the case, since the Cherokees were their own separate nation.
Which one? There were at least three US Supreme Court cases concerning the Cherokee Nation during Chief Justice Marshall's tenure on the bench. For more information, see Related Questions, below.
In favor of Worester as the United States Condition recognized the Cherokee nation as its own sovereign ruling body, Georgia's act was unconstitutional.
He was a lawyer and Chief Justice of the Supreme Court. Marshall believed a country should be governed by the rule of law, not the rule of man.
In the landmark Supreme Court case Marbury v. Madison, Chief Justice John Marshall ruled that the Supreme Court had the power of judicial review to declare laws unconstitutional. This decision established the principle of judicial review in the United States.
Thurgood Marshall ruled in favor of legalizing abortion in the Roe v Wade case.
John Marshall became an adult during the Revolutionary War, serving first as a minuteman in the Culpepper (Virginia) militia, then as Lieutenant of the 11th Virginia Continental Regiment, so his only occupation while an adult under British rule was that of soldier. Marshall was accepted to the bar and began his career as a lawyer in 1780.
Court ruled that Georgia was not entitled to regulate the Cherokee nor to invade their lands.
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.
They ruled the Cherokee tribes tribes by seeing who can be a good leader or a good chief
In Worcester v. Georgia, (1832), 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.The seven-member Supreme Court, lead by Chief Justice John Marshall, voted 6-1 on March 3, 1832, to overturn the missionaries' convictions.Case Citation:Worcester v. Georgia, 31 US 515 (1832)For more information, see Related Questions, below.
Marshall Law
Our government and people first tried to civilize the Native American tribes which consisted of clothing, lifestyle, jobs, food, and farming. Whites formed such groups as "The Society for Propogating the Gospel Among Indians". After awhile, there were five distinct tribes that did not vehemently refuse this "civilization"; the Cherokee, Creeks, Choctaws, Chickasaws, and Seminoles. These Native American tribes, especially Cherokees, adopted a written language, a written legal code, a written constitution based off our own with the three branches of government, farming, and slaveholding. Despite all of this, in 1828 Georgia legislature declared Cherokee tribal council illegal and asserted their jurisdiction power over all land and affairs of the tribe. Cherokee declared this unfair and brought the case to the Supreme Court where 3 times did John Marshall rule in the Native American's favor. Our president at the time (Jackson) did not want to leave the Cherokee where they were and told Marshall that he had made his decision, and now he had to enforce it.(This was obviously impossible because the rights to enforce laws had been given to the executive office.)