The Indian Removal Act of 1830 Judicial Review

The Indian Removal Act of 1830

Judicial Review • The power of the Supreme Court to declare a law unconstitutional. • It is up to the executive and legislative branches to respect the decisions made by the judicial branch

Civilized Tribes • Native American tribes that had adopted the culture of white Americans

Compact of 1802 • Thomas Jefferson and Georgia signed an agreement that said that GA must cede its land to the US government, in exchange the US government would begin the removal of the Native Americans in their land

The Cherokee Response • Work to become a sovereign nation and then deal with the USA • Elected a president- John Ross • Modeled their government on that of the USA

Georgia’s Response • Refuse to recognize the Cherokee Nation • Seize Cherokee land • 1828 - establish laws that strip Cherokee of their rights

1828 • Andrew Jackson runs for president • Jackson promises to remove the Cherokee if he is elected

1830 - The Indian Removal Act • The federal government would provide funds to remove the Native Americans from their land. Natives would be forced to travel 800 miles to Indian Territory in present day Oklahoma

Cherokee Response • Try to prevent Congress from passing the Act • Bring the case to the Supreme Court • 3/1832 - Chief Justice John Marshall makes a decision: the laws of Georgia have no force in Cherokee lands. Marshall is declaring GA’s law null and void

Andrew Jackson’s Response- • “Chief Justice John Marshall has made his decision now let him enforce it!”

Treaty of Echota • John Ross went to Washington to try to get the law changed • John Ridge went to D. C. too- he had no authority • Ridge signed a treaty with the American government that said the Cherokee would exchange their eastern land for $5 million and land in Oklahoma. He was not representing the majority of the Cherokee- many were VERY UPSET. Jackson quickly sent the treaty to Congress and it was agreed that the Natives would have two years to leave peacefully and then they would be forced to move

1838 - the deadline for voluntary removal

Trail of Tears

An 800 mile journey

Land routes and water routes were taken

About 20, 000 Cherokee went 1 in 4 Cherokee died