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.
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.
Red Clay, 1835 envelops students in the treaty negotiations between the Cherokee National Council and representatives of the United States at Red Clay, Tennessee. As pressure mounts on the Cherokee to accept treaty terms, students must confront issues such as nationhood, westward expansion, and culture change. This game book includes vital materials on the game's historical background, rules, procedures, and assignments, as well as core texts by figures such as Andrew Jackson, John Ross, and Elias Boudinot.
The author of Coyote Warrior demolishes myths about America’s westward expansion and uncovers the federal Indian policy that shaped the republic. What really happened in the early days of our nation? How was it possible for white settlers to march across the entire continent, inexorably claiming Native American lands for themselves? Who made it happen, and why? This gripping book tells America’s story from a new perspective, chronicling the adventures of our forefathers and showing how a legacy of repeated betrayals became the bedrock on which the republic was built. Paul VanDevelder takes as his focal point the epic federal treaty ratified in 1851 at Horse Creek, formally recognizing perpetual ownership by a dozen Native American tribes of 1.1 million square miles of the American West. The astonishing and shameful story of this broken treaty—one of 371 Indian treaties signed during the eighteenth and nineteenth centuries—reveals a pattern of fraudulent government behavior that again and again displaced Native Americans from their lands. VanDevelder describes the path that led to the genocide of the American Indian; those who participated in it, from cowboys and common folk to aristocrats and presidents; and how the history of the immoral treatment of Indians through the twentieth century has profound social, economic, and political implications for America even today. “[A] refreshingly new intellectual and legalistic approach to the complex relations between European Americans and Native Americans…. This superlative work deserves close attention…. Highly recommended.”—M. L. Tate, Choice “The haunting story stays with you well after you have turned the last page.”—Greg Grandin, author of Fordlandia
“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.
Himself a Lumbee Indian and political scientist, David E. Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. These case studies--and their implications for all minority groups--are important and timely in the context of American government re-examining and redefining itself.
A leading Supreme Court expert recounts the personal and philosophical rivalries that forged our nation's highest court and continue to shape our daily lives The Supreme Court is the most mysterious branch of government, and yet the Court is at root a human institution, made up of very bright people with very strong egos, for whom political and judicial conflicts often become personal. In this compelling work of character-driven history, Jeffrey Rosen recounts the history of the Court through the personal and philosophical rivalries on the bench that transformed the law—and by extension, our lives. The story begins with the great Chief Justice John Marshall and President Thomas Jefferson, cousins from the Virginia elite whose differing visions of America set the tone for the Court's first hundred years. The tale continues after the Civil War with Justices John Marshall Harlan and Oliver Wendell Holmes, who clashed over the limits of majority rule. Rosen then examines the Warren Court era through the lens of the liberal icons Hugo Black and William O. Douglas, for whom personality loomed larger than ideology. He concludes with a pairing from our own era, the conservatives William H. Rehnquist and Antonin Scalia, only one of whom was able to build majorities in support of his views. Through these four rivalries, Rosen brings to life the perennial conflict that has animated the Court—between those justices guided by strong ideology and those who forge coalitions and adjust to new realities. He illuminates the relationship between judicial temperament and judicial success or failure. The stakes are nothing less than the future of American jurisprudence.
The life of John Marshall, Founding Father and America's premier chief justice. In 1801, a genial and brilliant Revolutionary War veteran and politician became the fourth chief justice of the United States. He would hold the post for 34 years (still a record), expounding the Constitution he loved. Before he joined the Supreme Court, it was the weakling of the federal government, lacking in dignity and clout. After he died, it could never be ignored again. Through three decades of dramatic cases involving businessmen, scoundrels, Native Americans, and slaves, Marshall defended the federal government against unruly states, established the Supreme Court's right to rebuke Congress or the president, and unleashed the power of American commerce. For better and for worse, he made the Supreme Court a pillar of American life. In John Marshall, award-winning biographer Richard Brookhiser vividly chronicles America's greatest judge and the world he made.