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Author: J. Matthew Martin
Publisher:
ISBN: 9781531018412
Category :
Languages : en
Pages :
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Book Description
Author: J. Matthew Martin
Publisher:
ISBN: 9781531018412
Category :
Languages : en
Pages :
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Book Description
Author: Victoria Sherrow
Publisher:
ISBN:
Category : Juvenile Nonfiction
Languages : en
Pages : 136
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Book Description
Victoria Sherrow examines a series of cases in the 1830s, including Cherokee Nation v. Georgia and Worcester v. Georgia, all dealing with the legal rights of the Cherokee people to govern themselves as an independent and sovereign nation and to own their own land. The Cherokee people were consistently denied any legal rights.
Author: Jill Norgren
Publisher: University of Oklahoma Press
ISBN: 9780806136066
Category : Law
Languages : en
Pages : 224
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Book Description
This compact history is the first to explore two landmark U.S. Supreme Court cases of the early 1830s: Cherokee Nation v. Georgia and Worcester v. Georgia. Legal historian Jill Norgren details the extraordinary story behind these cases, describing how John Ross and other leaders of the Cherokee Nation, having internalized the principles of American law, tested their sovereignty rights before Chief Justice John Marshall in the highest court of the land. The Cherokees’ goal was to solidify these rights and to challenge the aggressive actions that the government and people of Georgia carried out against them under the aegis of law. Written in a style accessible both to students and to general readers, The Cherokee Cases is an ideal guide to understanding the political development of the Cherokee Nation in the early nineteenth century and the tragic outcome of these cases so critical to the establishment of U.S. federal Indian law.
Author: Cherokee Nation
Publisher:
ISBN:
Category : Cherokee Indians
Languages : en
Pages : 302
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Book Description
Author: John Howard Payne
Publisher: University of Oklahoma Press
ISBN: 9780806134208
Category : Social Science
Languages : en
Pages : 144
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Book Description
In Indian Justice, Grant Foreman presents John Howard Payne’s first-hand account of the trial of Archilla Smith, a Cherokee charged with the murder of John MacIntosh in the fall of 1839. The Cherokee Supreme Court at Tahlequah (in present-day Oklahoma) found Smith guilty and sentenced him to die. Occurring immediately after the Cherokee Removal to west of the Mississippi River, the trial involved people on both sides of the bitter factional controversies then raging in the Cherokee nation. Payne’s account of this important Indian case first appeared in two installments in the New York Journal of Commerce in 1841. In his foreword to this new edition, Rennard Strickland places the case in historical and contemporary context, exploring the evolution of tribal court systems and Indian justice over the past century and a half.
Author: Stephen Breyer
Publisher: Vintage
ISBN: 0307424618
Category : Political Science
Languages : en
Pages : 176
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Book Description
A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.
Author: Tim Alan Garrison
Publisher: University of Georgia Press
ISBN: 0820334170
Category : Law
Languages : en
Pages : 350
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Book Description
This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding. Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.
Author: Nathan Aaseng
Publisher:
ISBN: 9781560066286
Category : Juvenile Nonfiction
Languages : en
Pages : 102
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Book Description
Describes the attempts to protect the rights of Cherokees living in Georgia beginning in the colonial period, including the landmark Supreme Court cases, Cherokee Nation vs. Georgia, and Worcester vs. Georgia.
Author: Walter Echo-Hawk
Publisher: Fulcrum Publishing
ISBN: 1555917887
Category : Law
Languages : en
Pages : 363
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Book Description
Now in paperback, an important account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.
Author: Steve Inskeep
Publisher: Penguin
ISBN: 014310831X
Category : History
Languages : en
Pages : 450
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Book Description
“The story of the Cherokee removal has been told many times, but never before has a single book given us such a sense of how it happened and what it meant, not only for Indians, but also for the future and soul of America.” —The Washington Post Five decades after the Revolutionary War, the United States approached a constitutional crisis. At its center stood two former military comrades locked in a struggle that tested the boundaries of our fledgling democracy. One man we recognize: Andrew Jackson—war hero, populist, and exemplar of the expanding South—whose first major initiative as president instigated the massive expulsion of Native Americans known as the Trail of Tears. The other is a half-forgotten figure: John Ross—a mixed-race Cherokee politician and diplomat—who used the United States’ own legal system and democratic ideals to oppose Jackson. Representing one of the Five Civilized Tribes who had adopted the ways of white settlers, Ross championed the tribes’ cause all the way to the Supreme Court, gaining allies like Senator Henry Clay, Chief Justice John Marshall, and even Davy Crockett. Ross and his allies made their case in the media, committed civil disobedience, and benefited from the first mass political action by American women. Their struggle contained ominous overtures of later events like the Civil War and defined the political culture for much that followed. Jacksonland is the work of renowned journalist Steve Inskeep, cohost of NPR’s Morning Edition, who offers a heart-stopping narrative masterpiece, a tragedy of American history that feels ripped from the headlines in its immediacy, drama, and relevance to our lives. Jacksonland is the story of America at a moment of transition, when the fate of states and nations was decided by the actions of two heroic yet tragically opposed men.
