Trail Of Tears Case Study

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In 1893 the United States, and Georgia in particular, were quickly approaching one of the largest political ideals clashes of their time through what the citizens named the trail of tears. In efforts to utilize the land to gain profits, President Andrew Jackson and President Martin van Buren orchestrated and led a movement to remove the indigenous people from their land, to a different area of the United States. The Cherokee Indians were forced to leave behind their lives and land in Georgia and resettle in Oklahoma. However, this action brought attention to the rights of citizens and how those rights correspond to the rights of the Cherokee Indians. People questioned whether Native Americans were endowed with the same inalienable rights bestowed …show more content…
The state of Georgia argued that the Cherokee Indians could not bring this case to court or sue the state. They disputed that they did not qualify as a state because they did not have state constitution or state government. Essentially, Georgia was attempting to marginalize the Cherokee, yet again, for not assimilating to the United States ideals. Nonetheless, the Supreme Court decided to hear the case, ruling that the Cherokee Indians had proven their ability to maintain peace and abide by the laws set before them as recognized by the treaties made with the United States. The state then questioned if the Cherokee nation existed as a foreign or domestic state. Arguably, the Cherokee nation was comprised of aliens, so therefore the whole groups is a group of aliens and must be counted for as a foreign state. However, this statement can be contrasted with the idea that the Cherokee lived within the geographical and jurisdictional limits of the United states, they signed treaties pledging their trade allegiance to the United states and they are heavily reliant on the United States government’s protection and

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