The Supreme Court declared that the Cherokee Nation was not a sovereign, independent country and defined the Cherokee as a “domestic dependent nation.”
When the Cherokee adopted a constitution and declared themselves an independent state, the Georgia legislature counteracted by annulling all American Indian laws and dividing their land into counties under state jurisdiction. The U.S. Congress and the president were sympathetic to Georgia’s position. Because the Cherokee were not citizens of Georgia, they were unable to sue the state in federal court. Therefore, the lawyer for the tribe went directly to the Supreme Court, invoking original jurisdiction as a “foreign state” under Article III of the U.S. Constitution.
By a 4-2 margin, the Court rejected the tribe’s claim for independent statehood; the suit was therefore dismissed for a lack of jurisdiction. Discussing the “peculiar” status of the tribes, Chief Justice John Marshall
Benton v. Maryland
Jackson, Andrew
Johnson and Graham’s Lessee v. McIntosh
Marshall, John
Native American law
Native American sovereignty
Native American treaties
States’ rights and state sovereignty
Worcester v. Georgia