State Historical Society of Iowa

U.S. Supreme Court Majority Opinion on Cherokee Nation's Case Against Georgia, January 1831

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Courtesy of Library of Congress, Marshall, John, "Opinion of the Supreme Court of the United States delivered by Chief Justice John Marshall in the case of the Cherokee Nation vs. The State of Georgia," January 1831

Description 

This document is the U.S. Supreme Court's majority opinion — written by Chief Justice John Marshall  of the case the Cherokee Nation brought against the State of Georgia. Marshall and the U.S. Supreme Court wrestled with whether or not the Cherokee should be considered a state, a foreign nation or something else under the U.S. Constitution. The majority opinion declared that America Indian tribes were not foreign states and could not bring action in U.S. courts.

Full Transcript of U.S. Supreme Court's Majority Opinion

Transcribed Excerpts from U.S. Supreme Court's Majority Opinion

Source-Dependent Questions

  • According to this document, what was the main question the U.S. Supreme Court was deliberating?
  • What does this document tell you about the Cherokee Nation’s attempts to stop their removal from Georgia?
  • How does John Marshall describe the relationship between the American Indian tribes and the United States government?

Citation Information 

Marshall, John, "Opinion of the Supreme Court of the United States delivered by Chief Justice John Marshall in the case of the Cherokee Nation vs. The State of Georgia," January 1831. Courtesy of Library of Congress