Joe Everybody
24 Apr 13
Period 4
Cherokee v. Georgia (1831)
Chief Justice: John Marshall (1801-1835)
I. Issue/Topic
States Rights
II. Background and Facts of the Case
The State of Georgia was scared that they would never get the Cherokee lands so they enacted
multiple laws stripping Cherokee Native Americans their rights under the laws of the states. They were
trying to force the Cherokee out of their lands. The Cherokee Nation tried to go to Congress to enact
new laws, granting them rights; however, Andrew Jackson supported Georgia's law and refused the
Cherokee Nation the rights. They had to go to the Supreme Court to try and revoke the laws.
III. The Issue for the Court
The main issue of the case was whether or not the state of Georgia had the jurisdiction to enact
the laws that they had enacted.
IV. Arguments
The arguments for the State of Georgia were that the State of Georgia did indeed have
jurisdiction to enact the laws because it was on state lands and the Cherokee tribes were directly
affecting the citizens of Georgia by not complying with the laws. The main argument against the State
was that it wasn't a state issue, but a national one. Because it dealt with the Cherokee Nation as a
whole, it became national and a national issue has to comply with Article VI Section 2 of the United
States Constitution, the Supremacy Clause.
V. Decision
The Supreme Court ruled that the Cherokee Nation, along with all other Native American tribes
were not apart of the state, so no state laws applied to them. However, the Court also decided that
Native American tribes were not citizens but “Domestic Dependent Nations”, so Native American
tribes could not turn to the Supreme Court for any decisions. The case was dismissed.
VI. Reasoning
Because Native American tribes had declared their independence from America, the Supreme
Court didn't have original jurisdiction in the case. However, the Georgia State laws could not affect the
Cherokee tribes because they weren't technically citizens.
VII. Personal Opinion
I personally think the decision of this case, at the time, was appropriate because of how Native
American tribes were viewed. I believe the Cherokee Nation obviously didn't get what they wanted
because they were entitled as a “domestic dependent nation” but they also didn't have to comply with
Georgia outrageous laws.
VIII. Historical Significance of the Case
This case set the standard for the next Cherokee case, Worcester v. Georgia and therefore set
the precedent
IX. Citations
http://www.mtholyoke.edu/acad/intrel/cherokee.htm
http://www.tngenweb.org/cessions/18310100.html