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Date Posted: 23:27:37 10/07/02 Mon
Author: The Great Jordini
Subject: Ch8 - The Court and the Tribes

I. The Court and the Tribes
A. Marshall and U.S. supremacy
i. Marshall made it clear that the U.S. would reign supreme in the matters of legal status of Indian tribes
ii. This conformation of U.S. supremacy led to a distinctive position for Native Americans within the U.S. constitutional structure
B. Johnson vs. McIntosh (1823)
i. leaders of Illinois and Pinakeshaw tribes sold land to white settlers (including Johnson)
a. they later signed a treaty w/ the U.S. handing over all their land.
b.the U.S. then gave the land (Johnson’s) to new white settlers (including McIntosh)
c. Marshall granted in favor of the U.S.
-he claimed that Native Americans had the right to their land that preceded all other American law
-American citizens couldn’t buy or take land from the Indians; only through the government could it be done
C. Worcester vs. Georgia
i. Georgia attempted to regulate access by U.S. citizens to Cherokee country
a. only the federal government could do that
ii. This was another important step in consolidating federal authority over the states and the tribes
a. this led to the belief that Indians had their own land and regulations and established them as sovereign (just as the states were)
-this affirmed the rights of the tribes to remain free from the authority of the U.S. government
D. Marshall’s decisions
i. defined a place for Indian tribes within the American political system and formed a basis of what legal protections they had
a. even though the U.S. had supreme ruling over the tribes, they still had their rights

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