Cherokee Nation v. Georgia
The Background of Cherokee Nation v. Georgia:
Cherokee v. Georgia was a United States Supreme court case that was instituted by the Cherokee nation; a prominent Native American tribe. The Cherokee Nation sough the federal injunction against Georgia law, which ultimately deprived the group of receiving fundamental rights within the tribe’s boundaries. Although the case was filed, the Supreme Court did not review the matter on its merits; the United States Supreme Court ruled that the Cherokee Nation had no original jurisdiction in the underlying matter, for the tribe was a dependent nation with a relationship to the United States.
On December 20th of 1828, the Georgia State legislature enacted a series of laws, which in essence, stripped the Cherokee Nation of their rights under the underlying laws of the state.
The Trial:
During June of 1830, a delegation of Cherokee (led by Chief John Ross), selected former attorney general, William Wirt, to defend Cherokee rights before the United States Supreme Court. The Cherokee Nation requested an injunction, claiming that the state legislation of Georgia had created the laws to “annihilate the Cherokee Nation as a political society.” In Cherokee Nation v. Georgia, Wirt argued that the Cherokees were a foreign nation in the sense of the United States’ Constitution and legal framework; therefore they should not be subject to Georgia’s exacting jurisdiction.
Using this argument in Cherokee Nation v. Georgia, Wirt asked the Supreme Court to rule the state’s law as null and void on the grounds that Georgia violated the United States’ Constitution, as well as various United States-Cherokee treaties and United States intercourse laws.
The Supreme Court refused to hear the suit, for it said that the Cherokee had no original jurisdiction, because the people were not a state. Despite their claim in Cherokee Nation v. Georgia, the Supreme Court labeled the tribe as a “denominated domestic dependent nation”
The Case Profile of #
The following is a case profile of the legal trial eponymously titled Cherokee Nation v. Georgia:
Date of the Trial: June 15, 1830
Legal Classification: United States Constitutional Law Article III
Accused Criminal Activity: The following criminal activity and charges were cited in Cherokee Nation v. Georgia:
In Cherokee Nation v. Georgia, The Cherokee Nation accused the Georgia legislation of violating Article III of the United States constitution by stripping the Nation of their land and legal rights.
United States Reports Case Number: 30 U.S. 1
Date of the Delivery of the Verdict: December 31st, 1831
Judicial Officer Responsible for Ruling: Chief Justice
Involved Parties: The following are the parties named with regard to their involvement in Cherokee Nation v. Georgia:
The prosecuting team was comprised of the Cherokee Nation, represented by Chief John Ross and Attorney General William Wirt. The defending party in Cherokee Nation v. Georgia was the state legislation of Georgia.
Verdict Delivered: The Supreme Court ruled that they did not have original jurisdiction according to Article III of the United States Constitution to hear a suit filed by the Cherokee Nation, which, as a Native American tribe, was not a sovereign nation.
NEXT: Chimel v. California
