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Answer:
Georgia, legal case in which the U.S. Supreme Court on March 3, 1832, held (5–1) that the states did not have the right to impose regulations on Native American land.
Explanation:
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Answer:
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Explanation:
Worcester vs. Georgia was a legal case in the U.S. Supreme Court held on March 3, 1832, and this held that the states did not have rights to impose regulations on native american land.
This incident involved a group of white christian missioners including Samuel A. Worcester who were currently living Cherokee (a native american tribe) territory in Georgia. And as the bickering and threatening went on between the white men harassing the Cherokee natives, the Georgia state authorities finally arrested Worcester and his fellow men and passed an act in 1830 forbidding "white men" to live on Cherokee land unless they obtained a license from the governor of Georgia and swore an oath of loyalty for the state. After the arrest, the men were convicted a trial in 1831 and ultimately got sentenced to four years of hard labor in prison .
But Worcester was not happy about this and appealed to the Supreme Court. He argued that Georgia had no right to extend its law to the Cherokee land. He contended that the act under which he'd been arrested for was violating the U.S. Constitution which gives the U.S. Congress the authority to regulate commerce with Native Americans. And although this accusation from Worcester got shut down by the Supreme Court, he still wanted to try again and accuse Georgia laws for violating an 1802 act of Congress that regulated trade and relations between the United States and the Indian Tribes.
And although shut down the first time, Worcester's second point of Georgia laws regarding the Cherokee nation being unconstitutional and thus void- persuaded the court and that led to Chief Justice John Marshall to create a law saying, "the Indian nations had always been considered as distinct, independent political communities, retaining their original natural rights as the undisputed possessors of the soil."
But Georgia decided to keep their ways and kept Worcester and the other missionaries in prison and were eventually released in 1833.
And although President Jackson declined to enforce the Supreme Court's decision, thus allowing the states to further enact legislation damaging to the tribes leading to the U.S. government forcing the Cherokee and many other Native American tribes off of their land in 1838 known as the Trail of the Tears.
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