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He didn't. Chief Justice John Marshall's written opinion(s) in Cherokee Nation v. Georgia, (1831) and Worcester v. Georgia, (1832), the two Supreme Court decisions people mistakenly believe President Jackson overruled, applied only to the State of Georgia. Chief Justice John Marshall expressed his personal opinion about the United States' legal and ethical duty to the Native Americans within the body of the legal opinion, but his comments (called obiter dictum or dicta) weren't part of the Court's official decisions and weren't legally binding on the United States.

Explanation

In both Cherokee Nation v. Georgia, (1831) and Worcester v. Georgia, (1832), the Court declared the United States relationship to the Cherokee was that of two separate nations, with the Cherokee's status a "denominated domestic dependent nation," giving the federal government the sole right of negotiation with them and creating a duty to protect the Cherokee from Georgia's hostile actions. The decision in Worcesterbarred Georgia from annexing the land, and ruled the state did not have the right of possession, nor dominion over Cherokee laws or territory, short of military conquest or legal purchase. The Supreme Court's opinion applied specifically to Georgia, not to the federal government.

Jackson ignored Marshall's assertion that the federal government was obligated to protect the Native Americans; but there way no legal requirement for the federal government to follow Marshall's instructions because 1) the statement wasn't part of the official ruling (Worcester v. Georgia, (1832)); 2) the removal issue wasn't a question before the Court; 3) the United States wasn't party to the case; and 4) the Court has no power to enforce its rulings, anyway. The Constitution assigns authority over law enforcement to the Executive branch of government, over which the President presided. Because Jackson, then Van Buren, and Congress were in agreement about (mis)appropriating Cherokee land and moving them to less hospitable territory west of the Mississippi River, the Supreme Court had no way of preventing their action.

Jackson pressured the Governor of Georgia to pardon and release from jail the missionaries who had lived on Native American land without buying a required state license. Georgia continued to enforce its unconstitutional laws, but did not claim the disputed territory.

Jackson's presidential successor, Martin Van Buren, and Congress circumvented the Supreme Court by ratifying the Treaty of New Echota in 1836, an instrument signed by the Ridge Party, an unauthorized faction within the Cherokee Nation. The Treaty offered the Nation five million dollars and land in Indian Territory (modern-day Oklahoma) in exchange for the more desirable Southern ancestral land. Although John Ross, elected leader of the Cherokee Nation, protested to Congress, his pleas were ignored.

The Supreme Court never had an opportunity to rule on the validity of the Treaty because no case was presented for consideration.

For more information about Worcester v. Georgia, see Related Questions, below.

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โˆ™ 2011-07-28 02:38:20
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Q: How was President Jackson able to overrule the Supreme Court and force the Cherokee to move?
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How did President Jackson respond to the supreme court's ruling in worcester v Georgia that Georgia had no right to interfere with cherokee?

In response to the Supreme Court's ruling in Worcester v Georgia that Georgia had no right to interfere with the Cherokee, President Jackson disregarded the decision and removal of the Cherokee proceeded as planned.


What role did president Jackson play during the trail of tears?

President Andrew Jackson was the official who approved of the Indian Removal Act of 1830. There were five major tribes: the Cherokee, Choctaw, Chickasaw, Creek, and Seminole. The Cherokee challenged the Indian Removal Act in the courts of the United States. It made its way up to the Supreme Court where it went under the supervision of John Marshall. He ruled the favor to the Cherokee. Note the Supreme Court could make the ruling but cannot enforce it, only the executive branch (the president) has the power to do so. The president at that time, Andrew Jackson ignored the decision of the Supreme Court and stilled removed the Indians from their land.


How the Cherokee were eventually removed from their land?

the cherokee sued the state government and eventually took their case to the supreme court. in worcester V. Georgia (1832) chief justice John marshall ruled that georgia had no right to interfere with the cherokee. only the federal government had authority over matters involving the cherokee. president jackson had supported Georgia's efforts to remove the cherokee. he vowed to ignore the supreme court's ruling.


Why was US President Andrew Jackson a controversial president?

President Andrew Jackson was seen as a controversial president because he was a biased person. According to Norton, Jackson ignored the Supreme Court's ruling on Cherokee rights and fail to deal with his cabinet. He did this by removing experienced officeholders and replaced them with his own political followers. He also made the controversial decision to withdraw US funds from the US Bank.


What was president Jackson's policy toward the native Americans?

The Indian Removal policy, although shot down by the Supreme Court, Jackson went against their ruling and used it against the Cherokee Natives, forcing thousands of Cherokee to move west. During which, killed 1/4 of those moved west.

Related questions

Can the president overrule the supreme court's decisions?

No.


How did President Jackson respond to the Supreme Court's ruling in Worcester v Georgia that Georgia had no right to interfere with the Cherokee?

In response to the Supreme Court's ruling in Worcester v Georgia that Georgia had no right to interfere with the Cherokee, President Jackson disregarded the decision and removal of the Cherokee proceeded as planned.


How did President Jackson respond to the supreme court's ruling in worcester v Georgia that Georgia had no right to interfere with cherokee?

In response to the Supreme Court's ruling in Worcester v Georgia that Georgia had no right to interfere with the Cherokee, President Jackson disregarded the decision and removal of the Cherokee proceeded as planned.


Describe how president Jackson reacted to the supreme court decision supporting the Cherokees rights?

He ignored the Supreme Court's decision and forcibly removed the Cherokee from their land.


Which president defied Supreme Court?

President Jackson


Why did ANdrew Jackson oppose the Supreme Court?

President Jackson opposed the Supreme Court's ruling in Cherokee Nation v. Georgia because he felt that the gold being found on the Cherokee land was more important than them occupying the land. He wanted them removed because their land was very valuable.


How did Jackson respond to the Supreme Court ruling that allowed the Cherokee to stay on their land?

D. Jackson ignored the ruling and forced the Cherokee to move.


What is the only court or legislative body that can overrule the supreme court?

Congress, is the only legislative body that can overrule the Supreme Court.


What role did president Jackson play during the trail of tears?

President Andrew Jackson was the official who approved of the Indian Removal Act of 1830. There were five major tribes: the Cherokee, Choctaw, Chickasaw, Creek, and Seminole. The Cherokee challenged the Indian Removal Act in the courts of the United States. It made its way up to the Supreme Court where it went under the supervision of John Marshall. He ruled the favor to the Cherokee. Note the Supreme Court could make the ruling but cannot enforce it, only the executive branch (the president) has the power to do so. The president at that time, Andrew Jackson ignored the decision of the Supreme Court and stilled removed the Indians from their land.


In Worcester Georgia the supreme Court decided that Cherokee land was being taken illegally what was a result of this decision?

President Jackson refused to protect Native American lands.


Can the supreme court overrule its own precedents?

yes


In worcester v Georgia the supreme court decided that Cherokee land was being taken illegeally. what was a result of this decision?

President Jackson refused to protect Native American lands.

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