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Legal Controversies During The Marshall Era Essay

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Prompt #2- Legal Controversies during the Trump Administration and Marshall Era

Episodes from the 1780s through the Marshall era were crucial to the evolution of American legal history, as they shaped policies and laws regarding many present-day issues that are prevalent to the Trump Administration. Current legal controversies are quite extensive and illuminate issues regarding federal immigration enforcement, national security, conflicts with the press, Supreme Court nomination fights, financial policy, and land disputes. One of the most critical issues, that is constantly in the spotlight, is the matter of free speech and conflicts with the press. During the period of the Sedition Acts, there were three key Supreme Court cases that tried the defendants, critics of the Adams Administration, for making critical statements about President Adams. The government deemed these statements as untruthful …show more content…

Georgia, which regarded the ideas seen in American Progress. Samuel Worcester and other settlers were accused of residing within the Cherokee Nation without approval of the Cherokees and, also, did not abide by the Georgia state laws. Worcester’s main argument was that the statute violation he was in court for was not constitutional. The court held that the Georgia statute did in fact violate the Constitution. Chief Justice Marshall delivered the opinion, which said that because the Cherokee Nation was its own distinct nation and the laws of Georgia had no precedent and the government did not have proper authority. This case shaped the relationship between Indian tribes, state governments, and federal governments because it explicitly states that only the federal government can work with the Indian tribes due to the treaty that was explicitly signed with the United States. Lastly, this case was the foundation of tribal sovereignty in the U.S. and accepts Indian tribes and nations as domestic, dependent

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Worcester v. Georgia By Sydney Stephenson Worcester v. Georgia is a case that impacted tribal sovereignty in the United States and the amount of power the state had over native American territories. Samuel Worcester was a minister affiliated with the ABCFM (American Board of Commissioners for Foreign Missions). In 1827 the board sent Worcester to join its Cherokee mission in Georgia. Upon his arrival, Worcester began working with Elias Boudinot, the editor of the Cherokee Phoenix (the first Native American newspaper in the United States) to translate religious text into the Cherokee language. Over time Worcester became a close friend of the Cherokee leaders and advised them about their political and legal rights under the Constitution and federal-Cherokee treaties.

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258 Words | 2 Pages

John Marshall altered the Court’s position within the constitutional system and engaged a dynamic battle to sustain the federal authority over the interstate business and in dealings between the states and the federal government. This he did during the thirty-four years he was the chief justice and to date is a legacy in the Court’s history. Marbury v. Madison (1803) marked the commencing of Marshall’s record of achievement in which he justified the Court’s supremacy of judicial review - the rule to assess the constitutionality of state laws and other actions of the government - and put down the foundations of national constitutional jurisprudence. In Fletcher v. Peck (1810), Marshall alleged that a land grant was a contract that a government

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This was a case that led to a statement by Justice Swayne in which he declared that “A treaty may supersede a prior act of Congress and an act of Congress may supersede a prior treaty.” (157). However, two months earlier an act had just been passed that terminated all Indian treaty processes. Thus Congress could pass laws that changed treaties, but no more treaties could be made that supersede the law. The tribes could no longer negotiate with the government as they used to, had they been viewed as sovereign (157).

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606 Words | 3 Pages

The second case that reached the Supreme Court concerning land ownership happened on 1831 and was given the name of Cherokee Nation v. Georgia. This case’s ruling expressed that Indians did not have a United States nationality, but they were not members of foreign states either, which ultimately appointed their tribes to be “domestic dependent nations.” In other words, although there was a distant relationship between the U.S. and the Indian tribes, the United States was still responsible for imparting well-being advantages, needs, and services for the natives since they were entitled over the Indian

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693 Words | 3 Pages

Their defiance then was framed during an era that defined Native American sovereign status and nationhood in relation to American constitutional interpretation. Their struggle was an early example of civil rights movement that took place within the constraints of three Supreme Court decisions and four federal treaties. The treaties with the Seminoles helped shape their relationship with the federal government. Representation through the Bureau, and as defined through the Supreme Court decisions, was a federal obligation (or rationalization) to protect their lands, grant them ability to self-govern, and provide means for their survival and advancement. Although federal recognition for the Seminoles was not achieved until decades later, these early treaties set the groundwork for the Seminoles to gain the status of sovereignty that established a government-to-government relationship between the United States and the nation status.

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875 Words | 4 Pages

How Significant are the decisions from the Marshall Court in American History? Marbury V. Madison- It was significant because it was the first Supreme court case that used the principle of judicial review. It was also significant because this case was the first case that played a key role in making the supreme court a separate branch of the government.

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This negotiation between the two showed the importance to others in the history of how the Seminoles were not willing to back down on their ideals and would not be oppressed. Because of this treaty, we now have a deeper understanding of the Seminole Nation and how they felt. The Seminole Tribes' treaties hold much importance in history, showing us how they had to negotiate and resist the United States and others as well. This treaty is more noticeable than the rest because it explains to us how they had to negotiate with the United States about their people's freedom, ideals, and the safety of others before them. This treaty not only helped show us where the Seminole Nation's destiny would go, but also helped provide interesting interactions between the communities.

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The document “Thomas Jefferson and the American Indian Nations: Native American Sovereignty and the Marshall Court” is a historical journal article written in 2006. It was published in the thirty first volume of the Journal of Supreme Court History, a popular historical journal focusing on the history and actions of the Supreme Court. It was written by Stephen G. Bragaw, Ph.D., a Visiting Professor of Politics at Washington and Lee University. He has published numerous articles and papers, and has extensive experience in American History and Politics. The Journal of Supreme Court History is a historical journal that is very popular among historians, those interested in the history of the Supreme Court, and most likely also modern politicians

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There had been another conflict that occurred on the Great Lakes of Michigan that had to do with “Indian off-reservation rights” (521). The tribes tried to stop the Indian fishing on the lakes for not having licenses, but they could not do that unless it had a strong case for

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1951 Words | 8 Pages

This clearly shows that there was political bias and the state government was acting reactively instead of acting proactively and looking at the losses the Cherokees would face. This then instigated the case Cherokee Nation v. Georgia. In June 1830, a delegation of Cherokee led by John Ross and William Wirt, attorney general in the Monroe Administration, were selected to obtain a federal injunction against laws that were passed by the Georgia state legislature depriving them of their rights within the state borders (“Cherokee Nation v. Georgia”). They claimed that Georgia created laws that “go directly to annihilate the Cherokees as a political society,” and since they were a foreign government, Georgia’s laws were not legally binding to them. As a counter, Georgia was trying to make the point that the Cherokee Nation was not a foreign government because they did not have

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620 Words | 3 Pages

Due to the colonists wanting the best agricultural land possible, the Natives were removed from their homes. The Natives who wanted to protect their land used American law systems in the cases Cherokee Nation v. Georgia and Worcester v. Georgia in an attempt to stop the unjust actions. The supreme court agreed that the native nations were “sovereign nations” and could not be affected by the Georgia laws. Jackson went against this ruling and told the Cherokee Nation to “accept their fate, cede their eastern territory and move west”. The Trail of Tears was an event where seventeen thousand Natives were relocated to the west.

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825 Words | 4 Pages

Georgia representatives restricted federal provisions of money for schools and agriculture due to their claim of Cherokees eventually becoming

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1324 Words | 6 Pages

Justice Thurgood Marshall Response Justice Thurgood Marshall said in his “Reflections on the Bicentennial of the United States Constitution”, “I do not believe the meaning of the Constitution was forever ‘fixed’ at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government and its respect for the individual freedoms and human rights, that we hold as fundamental as today” (Marshall). In this passage of his essay, Judge Marshall is critical of the government that is

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537 Words | 3 Pages

“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.

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900 Words | 4 Pages

The treaty stated that the indians had to allow travelers into the lands, allow government to establish roads, pay for wrongdoings of their people, and avoid conflict with other tribes, while the US government offered protection from US citizens and annuities if treaty of followed. However, issues with the treaty arose as Indians didn’t have full translation of the terms, an example of the government’s sovereignty ruling over ethics. In 1868, the treaty commision met again to improve the terms of the treaty. The US government established the Great Sioux Reservation where the indians could preside.

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