Cherokee Nation v. Georgia
Overview
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case. The Cherokee Nation
Cherokee Nation (19th century)
The Cherokee Nation of the 19th century —an historic entity —was a legal, autonomous, tribal government in North America existing from 1794–1906. Often referred to simply as The Nation by its inhabitants, it should not be confused with what is known today as the "modern" Cherokee Nation...
sought a federal injunction against laws passed by the state of Georgia depriving them of rights within its boundaries, but the Supreme Court did not hear the case on its merits. It ruled that it had no original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
in the matter, as the Cherokee were a dependent nation, with a relationship to the United States like that of a ward to its guardian.
On December 20, 1828, the state legislature of Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
, fearful that the United States would not effect (as a matter of Federal policy) the removal of the Cherokee people from their historic lands in the state, enacted a series of laws which stripped the Cherokee of their rights under the laws of the state.
Unanswered Questions