What is the significance of the Marshall Trilogy?
The Trilogy, primarily authored by Chief Justice John Marshall, established federal primacy in Indian affairs, excluded state law from Indian country, and recognized tribal governance authority.
When was Johnson v McIntosh?
1823Johnson v. M’Intosh / Date decided
What effect did the Marshall Court have on the legal status of Indian tribes?
The Court went on to say that the Indians did not own land outright, but that they had rights to occupy lands and only the discovering nation (U.S.) could settle those land rights. Indians could not sell lands to individuals and states do not have legal standing to settle aboriginal land claims.
What does the Supreme Court declared the Cherokee Nation to be?
Georgia, the U.S. Supreme Court ruled that the Cherokee Nation was sovereign. According to the decision rendered by Chief Justice John Marshall, this meant that Georgia had no rights to enforce state laws in its territory.
What are the three cases that make up the Marshall Trilogy?
Marshall Trilogy
- Case 1. Johnson v. M’Intosh (1823)
- Case 2. Cherokee Nation v. Georgia (1831)
- Case 3. Worcester v. ( 1832) The last case of the Marshall trilogy involved a missionary, Samuel Worcester, who was preaching on the Cherokee lands, which was prohibited by the laws of Georgia without a state license to do so.
Who was the president responsible for the Trail of Tears?
President Andrew Jackson pursued a policy of removing the Cherokees and other Southeastern tribes from their homelands to the unsettled West.
Who was the president responsible for the trail of tears?
What were the goals of the reservation policy?
The main goals of Indian reservations were to bring Native Americans under U.S. government control, minimize conflict between Indians and settlers and encourage Native Americans to take on the ways of the white man.
How does Marshall justify legal protection for the Cherokee?
He argued that the Cherokee Nation and other tribes were “domestic dependent nations” rather than foreign nations. Thus, it could not sue in court. Moreover, Marshall declared in the opinion that the Cherokees were asking the Court to intercede in a political question rather than a judicial one, which it refused to do.
What did John Marshall think about the Indian Removal Act?
Chief Justice John Marshall wrote in the majority opinion that the Constitution gave to Congress, not the states, the power to make laws that applied to the Indian tribes. Despite this clear court victory for the Cherokees, Jackson openly refused to enforce it, and the Southern states ignored it.
How did the Supreme Court ruling affect the Cherokees?
The Supreme Court agreed with Worcester, ruling 5 to 1 on March 3, 1832, that all the Georgia laws regarding the Cherokee Nation were unconstitutional and thus void.
How did the Supreme Court ruling affect the Cherokees quizlet?
In this Supreme Court case, the Marshall Court held that Cherokee Native Americans were entitled to federal protection from the actions of state governments which would infringe on the tribe’s sovereignty.
How did Jackson respond to Marshall’s ruling?
President Andrew Jackson reportedly said, “John Marshall has made his decision; now let him enforce it.” And Jackson sent troops to evict the Cherokees, who traveled the Trail of Tears to Oklahoma, thousands dying along the way.
Why was the Trail of Tears significant?
Significance: The Trail of Tears National Historic Trail commemorates the removal of the Cherokee and the paths that 17 Cherokee detachments followed westward.
What was the impact of the Trail of Tears?
The Cherokee people called this journey the “Trail of Tears,” because of its devastating effects. The migrants faced hunger, disease, and exhaustion on the forced march. Over 4,000 out of 15,000 of the Cherokees died.
What caused the breakdown of the reservation system?
The Dawes Act of 1887 destroyed the reservation system by subdividing tribal lands into individual plots.
What was the purpose of reservations quizlet?
The Indian reservation system was created to keep Native Americans off of lands that European Americans wished to settle. (The reservation system allowed Indian tribes to govern themselves and to maintain some of their cultural and social traditions.)
How did the Cherokee try to prevent conflict and avoid removal?
From 1817 to 1827, the Cherokees effectively resisted ceding their full territory by creating a new form of tribal government based on the United States government. Rather than being governed by a traditional tribal council, the Cherokees wrote a constitution and created a two-house legislature.
Why did the Cherokees reject the removal policy?
Chief Ross and the Cherokee General Council rejected the treaty because it did not reflect the will of the Cherokee majority.
How did the Indian Removal Act affect Native American?
More than 46,000 Native Americans were forced—sometimes by the U.S. military—to abandon their homes and relocate to “Indian TerritoryIndian TerritoryThe Indian Territory and the Indian Territories are terms that generally described an evolving land area set aside by the United States Government for the relocation of Native Americans who held aboriginal title to their land as a sovereign independent state.https://en.wikipedia.org › wiki › Indian_TerritoryIndian Territory – Wikipedia” that eventually became the state of Oklahoma. More than 4,000 died on the journey—of disease, starvation, and exposure to extreme weather.
What was Jackson’s message to Congress on Indian Removal?
Jackson declared that removal would “incalculably strengthen the southwestern frontier.” Clearing Alabama and Mississippi of their Indian populations, he said, would “enable those states to advance rapidly in population, wealth, and power.”
Did the Supreme Court support the Indian Removal Act?
In 1823 the Supreme Court handed down a decision which stated that Indians could occupy lands within the United States, but could not hold title to those lands.
What did the U.S. Supreme Court decide concerning Native American removal?
What was one result of American Indian removal for the Cherokee?
What was one result of American Indian removalIndian removalAfter the passage of the Indian Removal Act in 1831, approximately 60,000 members of the Cherokee, Muscogee (Creek), Seminole, Chickasaw, and Choctaw nations (including thousands of their black slaves) were forcibly removed from their ancestral homelands, with thousands dying during the Trail of Tears.https://en.wikipedia.org › wiki › Indian_removalIndian removal – Wikipedia for the Cherokee? The Cherokee struggled to support themselves in Indian TerritoryIndian TerritoryThe Indian Territory and the Indian Territories are terms that generally described an evolving land area set aside by the United States Government for the relocation of Native Americans who held aboriginal title to their land as a sovereign independent state.https://en.wikipedia.org › wiki › Indian_TerritoryIndian Territory – Wikipedia. NOT were not interested in following a nomadic way of life. Why did Georgia auction Cherokee land to settlers beginning in 1828?
Why did Jackson ignore the Supreme Court?
Maryland (1819), when it was ruled that the Bank of the United States was in fact constitutional, Jackson challenged the Court’s authority as the final arbiter. As president, Jackson believed that his authority to deem what was constitutional equaled the Supreme Court’s.