Cherokee Nation v. Georgia
E39027
Cherokee Nation v. Georgia was an 1831 U.S. Supreme Court case in which the Court held that the Cherokee Nation was a "domestic dependent nation" lacking standing to sue as a foreign nation, a ruling that shaped federal Indian law and the context of Indian Removal.
All labels observed (3)
| Label | Occurrences |
|---|---|
| Cherokee Nation v. Georgia canonical | 9 |
| Cherokee Nation v. Georgia (1831) | 2 |
| The Cherokee Nation v. The State of Georgia | 1 |
Statements (48)
| Predicate | Object |
|---|---|
| instanceOf |
United States Supreme Court case
ⓘ
federal Indian law case ⓘ |
| areaOfLaw |
constitutional law
ⓘ
federal Indian law ⓘ jurisdiction ⓘ |
| branchOfGovernmentInvolved | judicial branch of the United States ⓘ |
| chiefJustice | John Marshall ⓘ |
| citation | 30 U.S. (5 Pet.) 1 ⓘ |
| constitutionalProvisionInterpreted |
Commerce Clause
ⓘ
surface form:
Article I, Section 8, Indian Commerce Clause
Article III of the United States Constitution ⓘ |
| context | conflict over Georgia laws extending state authority over Cherokee lands ⓘ |
| country |
United States of America
ⓘ
surface form:
United States
|
| court | Supreme Court of the United States ⓘ |
| decisionDate | 1831 ⓘ |
| describedAs | foundational case in federal Indian law ⓘ |
| dissentingJustice | Henry Baldwin ⓘ |
| effect |
established the doctrine that tribes are domestic dependent nations
ⓘ
limited the ability of Indian nations to sue states directly in the Supreme Court ⓘ |
| fullCaseName |
Cherokee Nation v. Georgia
self-linksurface differs
ⓘ
surface form:
The Cherokee Nation v. The State of Georgia
|
| geographicScope | Cherokee lands within the State of Georgia ⓘ |
| historicalContext | policy of Indian Removal under President Andrew Jackson ⓘ |
| holding |
The Cherokee Nation is a domestic dependent nation
ⓘ
The Cherokee Nation is not a foreign state in the sense of the Constitution ⓘ The Supreme Court lacks original jurisdiction over the Cherokee Nation’s suit against Georgia ⓘ |
| joinedByInMajority |
Gabriel Duvall
ⓘ
John McLean ⓘ Joseph Story ⓘ Smith Thompson ⓘ |
| jurisdictionDenied | original jurisdiction as a suit by a foreign state ⓘ |
| languageUsedByCourt | “domestic dependent nations” to describe Indian tribes ⓘ |
| legalIssue |
standing of an Indian nation to sue in the Supreme Court as a foreign state
ⓘ
status of Indian tribes under the U.S. Constitution ⓘ |
| majorityOpinionBy | John Marshall ⓘ |
| partyTypeCharacterization |
domestic dependent nation
ⓘ
ward of the United States ⓘ |
| petitioner |
Cherokee Nation of Oklahoma
ⓘ
surface form:
Cherokee Nation
|
| relatedTo |
Indian Removal
ⓘ
Johnson v. M’Intosh ⓘ Marshall Trilogy ⓘ Trail of Tears ⓘ Worcester v. Georgia ⓘ |
| remedySought | injunction to prevent enforcement of Georgia laws in Cherokee territory ⓘ |
| respondent |
U.S. state of Georgia
ⓘ
surface form:
State of Georgia
|
| result | case dismissed for lack of jurisdiction ⓘ |
| subsequentInfluence |
cited in later Supreme Court cases on tribal sovereignty
ⓘ
shaped federal–tribal trust relationship doctrine ⓘ |
| timePeriod | 19th century ⓘ |
| yearArgued | 1831 ⓘ |
Referenced by (12)
Full triples — surface form annotated when it differs from this entity's canonical label.
this entity surface form:
Cherokee Nation v. Georgia (1831)
this entity surface form:
The Cherokee Nation v. The State of Georgia
this entity surface form:
Cherokee Nation v. Georgia (1831)