Cherokee Nation v. Georgia
"Cherokee Nation v. Georgia" is a significant Supreme Court case from 1831 that addressed the status of Native American tribes in relation to state authority and federal sovereignty. The case arose when the Cherokee Nation, after declaring themselves an independent state and adopting a constitution, faced legislative actions from Georgia that annulled their laws and placed their lands under state jurisdiction. Due to their status as non-citizens of Georgia, the Cherokee were unable to file suit in federal court against the state. Instead, they appealed directly to the Supreme Court, arguing for their recognition as a "foreign state" under the U.S. Constitution.
In a 4-2 decision, the Supreme Court, led by Chief Justice John Marshall, dismissed the Cherokee’s claims for independent statehood, citing a lack of jurisdiction. The ruling emphasized the tribe's relationship with the United States, indicating that while tribes were under U.S. sovereignty, there was a possibility for future cases to challenge state interference with Indian lands. This case is pivotal in understanding the legal complexities surrounding Native American sovereignty and the dynamics between state and federal government concerning tribal rights.
Cherokee Nation v. Georgia
Date: March 18, 1831
Citation: 5 Pet. (30 U.S.) 1
Issue: Native American sovereignty
Significance: The Supreme Court declared that the Cherokee Nation was not a sovereign, independent country and defined the Cherokee as a “domestic dependent nation.”
When the Cherokee adopted a constitution and declared themselves an independent state, the Georgia legislature counteracted by annulling all American Indian laws and dividing their land into counties under state jurisdiction. The U.S. Congress and the president were sympathetic to Georgia’s position. Because the Cherokee were not citizens of Georgia, they were unable to sue the state in federal court. Therefore, the lawyer for the tribe went directly to the Supreme Court, invoking original jurisdiction as a “foreign state” under Article III of the U.S. Constitution.
By a 4-2 margin, the Court rejected the tribe’s claim for independent statehood; the suit was therefore dismissed for a lack of jurisdiction. Discussing the “peculiar” status of the tribes, Chief Justice John Marshall emphasized that they were “under the sovereignty and dominion of the United States.” The language of Marshall and other justices suggested that they might, if given a “proper case with proper parties,” be prepared to restrain the states from interfering with Indian lands.