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Marshall Trilogy Essay

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The Marshall trilogy is a series of three Supreme Court cases that had a huge effect on the relationship between the United States government and Native American Tribes. These cases were what molded the future of Native American Tribes. Affecting their lives, land and sovereignty. The three cases that form this trilogy include, Johnson v. M'Intosh (1823), Cherokee Nation v. Georgia (1831), Worcester v. Georgia (1832). They were overseen by US Supreme Court Chief Justice, John Marshall. Johnson v. M'Intosh (1823): This decision gave the government sole right to the Native American Lands. This Supreme Court ruling made it impossible for the Indigenous nations to sell their land to anyone except the government. The Native Americans were allowed …show more content…

Georgia (1831): This decision puts the Cherokee Nation in a sort of limbo between not being U.S. citizens but not quite their own Nation either. They were declared domestically dependent nations. This limited the state authority and gave the Cherokees the feeling of Sovereignty, but in reality the federal government still had full authority. • Worcester v. Georgia (1832): It was ruled that Georgia did not have any authority over the Cherokee land. Only the federal government can regulate Native Americans. The Native American lands were protected by the treaty clause of the U.S. Constitution, “The Cherokee Nation was a distinct community, occupying its own territory. in which the law of Georgia has no right to enter but with the assent of the Cherokees”. (Callowy 705) John Marshall created the legal basis for Indian tribes to exist inside of the United States. Callowy 706. This decision supported the sovereignty of the Native American people. These cases laid the groundwork for the Indian Wars and the forced removal of Native peoples from their lands. We are still seeing the aftershocks today. Native Americans are still fighting for their sovereignty, to hold onto pieces of their culture that have been or will be lost, and so much

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