Courts and the Legal System
The Cherokee Nation navigated the available legal paths as another strategy to resist U.S. imperialism.
The Strategy
Cherokee resistance strategies included challenging illegal treaties, asserting sovereignty, attempting to repeal unfair laws, and protect tribal rights through legal means.
One Judicial Ruling
Worcester v. Georgia
This legal case challenged a state's right to impose regulations on Native Americans. Georgia had passed legislation in an attempt to regulate Cherokee land in the state. Samuel Worcester was convicted of violating the provisions of the law. The case went to the Supreme Court where it was the court ruled the Georgia law was unconstitutional. The decision recognized the Cherokee as a sovereign nation.
Enforcement
Although the Supreme Court had stated that the Cherokee Nation was sovereign, Georgia and the Federal government ignored the decision. President Andrew Jackson refused to enforce the ruling and even chose to remove the Cherokee , resulting in the Trail of Tears.
Resistance
Utilizing the legal system as a means of resistance was intended to establish their legal rights as an independent nation. Although some court rulings such as Worcester were decided in their favor, without enforcement U.S. imperialism continued.
The Outcome
- In spite of successful legal resistance, the Cherokee Nation continued to suffer at the hands of the U.S. government. This is clearly seen in the Trail of Tears, where U.S. imperialism lead to the Cherokee losing land, freedom,and for many their lives.