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Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832), was a landmark case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional.
Georgia's dispute with the Cherokee culminated in the 1832 Supreme Court decision of Worcester v. Georgia . In that decision, Chief Justice John Marshall, writing for the court, ruled that Georgia could not forbid whites from entering tribal lands, as it had attempted to do with two missionaries supposedly stirring up resistance among the ...
In 1832, the United States Supreme Court struck down Georgia's laws as unconstitutional in Worcester v. Georgia, ruling that only the federal government had power to deal with the Native American tribes, and the states had no power to pass legislation regulating their activities. However, the state ignored the ruling and continued to enforce ...
When Andrew Jackson became president of the United States in 1829, his government took a hard line on Indian removal; [68] Jackson abandoned his predecessors' policy of treating Indian tribes as separate nations, aggressively pursuing all Indians east of the Mississippi who claimed constitutional sovereignty and independence from state laws.
In 1832, while on a speaking tour of the North to raise funds for the Phoenix, Boudinot learned that, in Worcester v. Georgia, the US Supreme Court had sustained the Cherokee rights to political and territorial sovereignty within Georgia's borders. He soon learned that President Jackson still supported Indian Removal.
The Supreme Court first ruled in favor of the State of Georgia in the 1831 case Cherokee Nation v. Georgia, but the following year, in Worcester v. Georgia reversed this decision to recognize the Cherokee as a sovereign nation. [7] Jackson proceeded with removal of remaining Cherokee from the North Georgia gold fields. [8]
The Indian Removal Act was supported by President Jackson and the Democratic Party, [7] southern and white settlers, and several state governments, especially that of Georgia. Indigenous tribes and the Whig Party opposed the bill, as did other groups within white American society (e.g., some Christian missionaries and clergy). Legal efforts to ...
In the case Worcester v. Georgia, the United States Supreme Court held that Cherokee Native Americans were entitled to federal protection from the actions of state governments. Worcester v. Georgia is considered one of the most important decisions in law dealing with Native Americans But the Georgia government essentially ignored it, and ...