Supreme Court Cases:
In all the Supreme Court cases dealing with the Native Americans, there was nothing directly stated in the Constitution that would have helped the judges decide the ruling of the case. They relied solely on Judicial Review: An interpretation of what the Constitution says to do in times of need. During these times, the opinions and ideas could have been skewed by the prejudices held against the Native Americans, despite the many treaties between the tribes and the U.S.
Johnson vs. M'Intosh (1823):
The Johnson v. M'Intosh Supreme Court Case was influential for the creation of the Indian Removal Act of 1830. In the 17oos, Thomas Johnson bought Piankeshaw Native Americans land. The land purchased was passed down from generation to generation until 1823 when William M'Intosh obtained the patent for the land and claimed it as federal property. M'Intosh and Johnson took the issue to the District Court of Illinois. They ruled that M'Intosh had the right to claim the land because the Piankeshaw Native Americans could not hold claim to the land, for they lacked a written form of government.
Worchester v. Georgia(1832):
This court case was influenced by the Indian Removal Act. Samuel Worchester and other non-Native American people settled on Cherokee Nation land to escape the need to get a license to reside in Georgia. The State of Georgia indicated that since they were citizens of the United States and they took an oath to protect the U. S., non-Native Americans could not reside on Cherokee lands. The Supreme Court ruled that Worchester was free from punishment due to the fact that the treaty never separated the lands exclusively. Furthermore, the Cherokee Nation had their own rules, so Georgia could not act for them in court.
Cherokee Nation v. Georgia:(1831)
The Cherokee Nation v. Georgia Supreme Court case was influenced by the Indian Removal Act. Georgia began enforcing laws that directly effected the Cherokee Nation living in the North. The Cherokee Nation went to court stating Georgia had no right to make Native Americans follow the crude laws that were created. The Cherokees said their nation had its own land and could not be told what to do and not to do, while residing on it. Georgia countered stating that the Cherokee Nation was seen as a dependent state who relied on U.S. government for a lot of food and resources. The nation did not have a written document proving its government to be intact and did not have sovereignty. The court used the influence of the Act of 1830 and said that the Native Americans, if living on the territory they held, had to abide by the laws laid down by the State of Georgia.
In all the Supreme Court cases dealing with the Native Americans, there was nothing directly stated in the Constitution that would have helped the judges decide the ruling of the case. They relied solely on Judicial Review: An interpretation of what the Constitution says to do in times of need. During these times, the opinions and ideas could have been skewed by the prejudices held against the Native Americans, despite the many treaties between the tribes and the U.S.
Johnson vs. M'Intosh (1823):
The Johnson v. M'Intosh Supreme Court Case was influential for the creation of the Indian Removal Act of 1830. In the 17oos, Thomas Johnson bought Piankeshaw Native Americans land. The land purchased was passed down from generation to generation until 1823 when William M'Intosh obtained the patent for the land and claimed it as federal property. M'Intosh and Johnson took the issue to the District Court of Illinois. They ruled that M'Intosh had the right to claim the land because the Piankeshaw Native Americans could not hold claim to the land, for they lacked a written form of government.
Worchester v. Georgia(1832):
This court case was influenced by the Indian Removal Act. Samuel Worchester and other non-Native American people settled on Cherokee Nation land to escape the need to get a license to reside in Georgia. The State of Georgia indicated that since they were citizens of the United States and they took an oath to protect the U. S., non-Native Americans could not reside on Cherokee lands. The Supreme Court ruled that Worchester was free from punishment due to the fact that the treaty never separated the lands exclusively. Furthermore, the Cherokee Nation had their own rules, so Georgia could not act for them in court.
Cherokee Nation v. Georgia:(1831)
The Cherokee Nation v. Georgia Supreme Court case was influenced by the Indian Removal Act. Georgia began enforcing laws that directly effected the Cherokee Nation living in the North. The Cherokee Nation went to court stating Georgia had no right to make Native Americans follow the crude laws that were created. The Cherokees said their nation had its own land and could not be told what to do and not to do, while residing on it. Georgia countered stating that the Cherokee Nation was seen as a dependent state who relied on U.S. government for a lot of food and resources. The nation did not have a written document proving its government to be intact and did not have sovereignty. The court used the influence of the Act of 1830 and said that the Native Americans, if living on the territory they held, had to abide by the laws laid down by the State of Georgia.