Home Kids Cherokee Nation v. Georgia

Cherokee Nation v. Georgia

Cherokee Nation v. Georgia

Cherokee Nation v. Georgia was a landmark legal case in the United States that dealt with the status of Native American tribes as sovereign nations. The case was heard by the United States Supreme Court in 1831 and was a significant event in the history of US-Native American relations, setting the stage for future conflicts related to Indian sovereignty. This article provides a comprehensive overview of the case, including its background, the legal process, and its impact on the US legal system.

Background

The Cherokee Nation was a Native American tribe that resided in what is now the southeastern United States. During the early 19th century, the tribe sought to assert its sovereignty and resist efforts by the federal government to remove them from their land. In 1828, the state of Georgia passed a series of laws that effectively nullified Cherokee sovereignty and allowed the state to take control of Cherokee lands.

Process

In 1830, the Cherokee Nation filed a lawsuit against the state of Georgia, arguing that the state’s actions violated the US Constitution and the tribe’s sovereignty as a separate political entity. The case was initially heard by the US District Court in Georgia, which dismissed the lawsuit on the grounds that the Cherokee Nation did not have standing to sue.

The case was then appealed to the Supreme Court, which heard oral arguments in February 1831. The case was argued before Chief Justice John Marshall, who was known for his support of federal power and his advocacy for Native American rights.

In a unanimous decision, the Supreme Court held that the Cherokee Nation was not a foreign nation and did not have standing to sue in federal court. The court also held that the Cherokee Nation was a “domestic dependent nation”, subject to the laws and jurisdiction of the United States.

Impact on the US legal system

The Cherokee Nation v. Georgia case had a significant impact on the legal status of Native American tribes in the United States and established a precedent for how the federal government would interact with tribes in the future.

The decision in Cherokee Nation v. Georgia was seen as a major setback for the Cherokee Nation and other tribes that sought to assert their sovereignty in the face of encroachment by the federal government and states. The decision effectively established that tribes were subject to the jurisdiction of the United States and did not have the same rights as foreign nations under international law.

The case also set the stage for future conflicts over Indian sovereignty, including the Trail of Tears, a forced relocation of the Cherokee Nation to present-day Oklahoma in 1838-39, and the later fight for recognition of tribal sovereignty that culminated in the Indian Self-Determination Act of 1975.

Ten Interesting Facts about Cherokee Nation v. Georgia

  1. The case was brought by the Cherokee Nation and was initially dismissed by the US District Court in Georgia.

  1. The Supreme Court’s decision in Cherokee Nation v. Georgia was unanimous, with all nine justices agreeing that the Cherokee Nation did not have standing to sue in federal court.

  1. The case was argued by prominent attorneys, including William Wirt, who later served as Attorney General of the United States.

  1. The decision in Cherokee Nation v. Georgia was seen as a major setback for the Cherokee Nation and other tribes that sought to assert their sovereignty in the face of encroachment by the federal government and states.

  1. The case established a precedent for how the federal government would interact with tribes in the future, including the idea that tribes were subject to the jurisdiction of the United States.

  1. The decision in Cherokee Nation v. Georgia was seen as controversial at the time, with many critics arguing that the court had overstepped its bounds and failed to protect the rights of Native Americans.

  1. The case was part of a larger pattern of federal policies that sought to eliminate the sovereignty of Native American tribes and assimilate them into mainstream American culture.

  1. The decision in Cherokee Nation v. Georgia was later cited in other cases related to Native American sovereignty, including the landmark 1978 case Oliphant v. Suquamish Indian Tribe.

  1. The case continues to be cited as an important episode in the history of US-Native American relations and remains a significant case in the development of federal Indian law.

  1. The Cherokee Nation remains a federally recognized tribe today and continues to assert its sovereignty on matters related to tribal governance, land use, and cultural preservation.

The Background: Cherokee Nation v. Georgia

The case of the Cherokee Nation v. Georgia was filed by the Cherokee Nation—one of America’s most well-known Native American tribes. The Cherokee Nation was seeking a federal injunction against laws that were passed by the state of Georgia.

These laws were very hateful; they deprived the Cherokee Nation of receiving basic human rights within their own tribal boundaries. Although the Cherokee Nation v. Georgia case was filed, the United States Supreme Court did not evaluate the matter on its own merits. The United States Supreme Court ruled that the Cherokee Nation did not maintain original jurisdiction in the legal matter. The United States Supreme Court ruled that the Cherokee Nation was a dependent nation with the United States.

The basis for the Cherokee Nation V. Georgia stems from a series of laws passed by the Georgia state legislature on December 20th of 1828. These laws basically stripped the entire Cherokee Nation of their rights.

The Trial: Cherokee Nation v. Georgia

During June of 1830, a delegation of Cherokee Nation leaders selected former attorney general, William Wirt, to defend the right of their tribe before the United States Supreme Court. The Cherokee Nation in Cherokee Nation v. Georgia wanted the laws to be thrown away. The Cherokee Nation wanted these laws to be terminated because the tribe felt that the state of Georgia wanted to destroy the Native American tribe for political reasons.

In Cherokee Nation v. Georgia, Attorney General Wirt argued that the Cherokee Nation was a separate foreign nation according to the United States Constitution. According to this belief, Wirt felt that the Cherokee nation should not be subject to the state’s jurisdiction. Using this argument in Cherokee Nation v. Georgia, Attorney General Wirt asked the Supreme Court to rule Georgia law null and void because the state violated the United States’ Constitution.

The United States Supreme Court refused to hear the suit. The court said that the Cherokee Nation did not possess original jurisdiction because the tribe was not a state. Despite their claim in Cherokee Nation V. Georgia, the United States Supreme Court labeled the Cherokee Nation tribe as a “denominated domestic dependent nation.”

Cherokee Nation v. Georgia: The Verdict

The United States Supreme Court in Cherokee Nation v. Georgia ruled that the tribe did not possess original jurisdiction. This stance was based on Article III of the United States Constitution which viewed Native American tribes as domestic dependent nations and not sovereign nations.