Worcester v Georgia (1832)
Overview: The Supreme Court ruled in 1832 that the Cherokee Indians constituted a nation which held distinct sovereign powers and that states did not have the authority to directly negotiate with them, only the federal government had that authority.
Conflict: After an agreement reached between the Cherokee tribe and the state government of Georgia, laws were passed that prohibited non-Indians from living in Indian Territory. Only non-Native Americans with special governmental permission would be allowed to live on these lands. Missionary Samuel Worcester and fellow missionaries refused to move from an area that was designated at “Indian land” and refused to apply for a governmental license. As a result of his refusal, Worcester was arrested along with his fellow missionaries. Worcester appealed his charges and took his case to the Supreme Court. Worcester believed that his forced removal was a violation of his Constitutional rights as Georgia had no jurisdiction in Native American lands.
Decision/Impact: Marshall and his court ruled in favor of Samuel Worcester, maintaining that state governments did not have the power to enforce a law within a land that was not within the jurisdiction of that state. Marshall also identified Indian Territories as sovereign entities and that the rights of the tribes were to remain free from the authority of state governments. The Supreme Court set the precedent that any interaction with the tribes was to be treated as an international negotiation, meaning that it was to be handled by the federal government. The impact of this case was significant as it was an additional step in consolidating federal authority over the states, as well as over the tribes. Since the court had ruled in the favor of the tribes in this particular case as it recognized them as a nation, the ruling was in contrast with President Jackson's agenda at the time, which consisted of Indian Removal. In response to the Worcester v Georgia ruling, Jackson reportedly responded, "John Marshall has made his decision; now let him enforce it!" This shows that although the Judicial branch gained significant power and importance under Marshall, it was still unable to enforce the decisions it made.
John Marshall decision- primary source
Overview: The Supreme Court ruled in 1832 that the Cherokee Indians constituted a nation which held distinct sovereign powers and that states did not have the authority to directly negotiate with them, only the federal government had that authority.
Conflict: After an agreement reached between the Cherokee tribe and the state government of Georgia, laws were passed that prohibited non-Indians from living in Indian Territory. Only non-Native Americans with special governmental permission would be allowed to live on these lands. Missionary Samuel Worcester and fellow missionaries refused to move from an area that was designated at “Indian land” and refused to apply for a governmental license. As a result of his refusal, Worcester was arrested along with his fellow missionaries. Worcester appealed his charges and took his case to the Supreme Court. Worcester believed that his forced removal was a violation of his Constitutional rights as Georgia had no jurisdiction in Native American lands.
Decision/Impact: Marshall and his court ruled in favor of Samuel Worcester, maintaining that state governments did not have the power to enforce a law within a land that was not within the jurisdiction of that state. Marshall also identified Indian Territories as sovereign entities and that the rights of the tribes were to remain free from the authority of state governments. The Supreme Court set the precedent that any interaction with the tribes was to be treated as an international negotiation, meaning that it was to be handled by the federal government. The impact of this case was significant as it was an additional step in consolidating federal authority over the states, as well as over the tribes. Since the court had ruled in the favor of the tribes in this particular case as it recognized them as a nation, the ruling was in contrast with President Jackson's agenda at the time, which consisted of Indian Removal. In response to the Worcester v Georgia ruling, Jackson reportedly responded, "John Marshall has made his decision; now let him enforce it!" This shows that although the Judicial branch gained significant power and importance under Marshall, it was still unable to enforce the decisions it made.
John Marshall decision- primary source
