The Rule Of The United States

790 WordsAug 28, 20154 Pages
In 1831, Chief Justice John Marshall of the United States Supreme Court wrote that "the relationship of the tribes to the United States resembles that of a ‘ward to its guardian '.” The Court determined that the framers of the Constitution did not really consider the Indians as foreign nations but more as "domestic dependent nation[s]" and consequently the Cherokee Nation [as any other tribe] lacked the standing to sue as a "foreign" nation. Justice Marshall also said; "The court has bestowed its best attention on this question, and, after mature deliberation, the majority is of the opinion that an Indian tribe or nation within the United States is not a foreign state in the sense of the constitution, and cannot maintain an action in the courts of the United States." Marshall attempted to strike a balance between the powers of the federal government, its relationship with Indian nations, and carefully measuring the sovereignty of the Native Americans. But the Seminoles, like all other Indian nations remained landlocked and unable to negotiate with foreign powers, but they could exercise their own constitutional powers that conflicted with the United States Constitution. Furthermore, in the Supreme Court case of Worcester v. Georgia (1832), the Court set precedence by ruling that the Cherokee Nation was sovereign. The decision rendered by Justice Marshall meant that the state of Georgia had no rights to enforce state laws in Indian Territory. More importantly, it made the
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