JACKSONIAN DEMOCRACY 1825 1850
JACKSONIAN AMERICA
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Question
[CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
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Cherokee people lived in Georgia before any other settlers arrived
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Cherokee Nation was the largest Native-American group in the East
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Cherokee Nation was under the authority of the federal government
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Cherokee people had developed their own set of laws for government
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Detailed explanation-1: -Although the Court ruled in favor of the Cherokee, Georgia ignored the decision and in 1838 the Cherokee were forcibly relocated to present-day Oklahoma. Above, a rendition of the Cherokee on the “Trail of Tears.” In the cases Cherokee Nation v. Georgia (1831) and Worcester v.
Detailed explanation-2: -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.
Detailed explanation-3: -In an opinion delivered by Chief Justice John Marshall, the Court held that the Georgia act, under which Worcester was prosecuted, violated the Constitution, treaties, and laws of the United States.
Detailed explanation-4: -In Worcester v. Georgia, the court struck down Georgia’s extension laws. In the majority opinion Marshall wrote that the Indian nations were “distinct, independent political communities retaining their original natural rights” and that the United States had acknowledged as much in several treaties with the Cherokees.
Detailed explanation-5: -The Cherokee Nation was a distinct community occupying its own territory. Only the federal government had the power to negotiate with the Native Americans via treaty or conquest. Therefore, Worcester was declared innocent of all criminal charges as he should never have been prosecuted given the unconstitutional law.