Overview
This lecture reviews Worcester v. Georgia (1832), a landmark Supreme Court case addressing state versus federal authority over Native American affairs and tribal sovereignty.
Facts of the Case
- Samuel Worcester and others were indicted by Georgia for living in Cherokee territory without a state permit or required oath.
- The charges stemmed from an 1830 Georgia law restricting non-Native activity in the Cherokee nation.
- Worcester argued the law violated the U.S. Constitution, treaties with the Cherokee, and federal law on Indian affairs.
- Worcester was convicted and sentenced to four years of hard labor.
- The case reached the Supreme Court via a writ of error.
Legal Question
- Does Georgia have the authority to regulate interactions between state citizens and members of the Cherokee Nation?
Supreme Court Decision
- The Supreme Court ruled 5-1 in favor of Worcester.
- The Court found the Georgia law unconstitutional, as it violated federal treaties and laws.
- Chief Justice John Marshall stated that Indian tribes are "distinct political communities" and not subject to state law.
- Only the federal government has authority to regulate relations with Native American nations.
- Justice Henry Baldwin dissented for both procedural and substantive reasons.
Key Terms & Definitions
- Writ of Error — a formal legal request for a higher court to review and correct a lower court's judgment.
- Cherokee Nation — a federally recognized Native American tribe in the southeastern United States.
- Sovereignty — the authority of a state or nation to govern itself.
- Treaty — a formal agreement between two or more sovereign entities, recognized by the Constitution.
- Intercourse Act — federal law regulating trade and interactions with Native American tribes.
Action Items / Next Steps
- Review the text of the Supreme Court opinion, focusing on Marshall's reasoning about sovereignty.
- Prepare a summary of federalism and its relevance to tribal affairs for next class.