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Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1 (1831), was a United States Supreme Court case. The Cherokee Nation sought a federal injunction against laws passed by the U.S. state of Georgia depriving them of rights within its boundaries, but the Supreme Court did not hear the case on its merits.
30 U.S. (5 Pet.) 1. Syllabus. Motion for an injunction to prevent the execution of certain acts of the Legislature of the State of Georgia in the territory of the Cherokee Nation, on behalf of the Cherokee Nation, they claiming to proceed in the Supreme Court of the United States as a foreign state against the State of Georgia under the ...
In 1828, the Cherokee Nation sought an injunction from the Supreme Court to prevent the state of Georgia from enforcing a series of laws stripping the Cherokee people of their rights and displacing them from their land, asserting that the laws violated treaties the Cherokees had negotiated with the United States.
Explore the legal battles of Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832) in the Supreme Court, revealing complex issues of tribal sovereignty and federal authority.
Cherokee Nation v. Georgia (1831) asked the Supreme Court to determine whether a state may impose its laws on Indigenous peoples and their territory. In the late 1820s, the Georgia legislature passed laws designed to force the Cherokee people off their historic land.
Does the state of Georgia have the authority to regulate the intercourse between citizens of its state and members of the Cherokee Nation? Conclusion. Sort: by seniority. by ideology. 5–1 decision for Worcester. majority opinion by John Marshall.
In Cherokee Nation v. Georgia (1831), the court further opined that the political autonomy of indigenous polities was inherently reliant on the federal government, defining them as domestic (dependent) nations rather than foreign (independent) nations.
In the late 1920s, the Georgia State Legislature passed two laws that declared Cherokee Nation tribal territory could be inspected, divided up, and distributed to white citizens in the state of Georgia. The laws also provided penalties and punishment to anyone who did not comply.
Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1 (1831) Mr. Chief Justice MARSHALL delivered the opinion of the Court. This bill is brought by the Cherokee Nation, praying an injunction to restrain the State of Georgia from the execution of certain laws of that State which, as is alleged, go directly to annihilate the Cherokees as a political ...
the Cherokees as a political society, and to seize, for the use of Georgia, the lands of the nation which have been assured to them by the United States in solemn treaties repeatedly made and still in force.