What gave Andrew Jackson the power to remove the Cherokee from their land?
Georgia state laws
Acts of Congress
two Supreme Court decisions
treaties signed by the Cherokee
Im thinking two Supreme Court decisions?
I agree.
Yes, you are correct. Two Supreme Court decisions were a factor in giving Andrew Jackson the power to remove the Cherokee from their land.
The first Supreme Court decision was the Cherokee Nation v. Georgia case in 1831. In this landmark decision, the Supreme Court ruled that Native American tribes, including the Cherokee Nation, were not independent nations but were instead domestic, dependent nations under the authority of the United States. Although this decision didn't grant Andrew Jackson the power to directly remove the Cherokee, it established the legal precedent that the federal government could regulate and control Native American tribes.
The second Supreme Court decision was Worcester v. Georgia in 1832. This case involved Samuel Worcester, a non-Native American missionary, who was arrested in Georgia for residing in Cherokee territory without a state license. The Supreme Court, under Chief Justice John Marshall, ruled that the Georgia law under which Worcester was arrested was unconstitutional. They determined that only the federal government, not the states, had authority over the Native American tribes and their territories. The court stated that the Cherokee Nation was a "distinct, independent political community" that could not be regulated by Georgia state laws.
Despite these two Supreme Court decisions in favor of the Cherokee, Andrew Jackson famously opposed federal authority and reportedly said, "John Marshall has made his decision; now let him enforce it." Despite the rulings, Jackson disregarded them and proceeded with the removal of the Cherokee through the passage of the Indian Removal Act of 1830 and the subsequent forced removal known as the Trail of Tears.