Read the excerpt below:
'They may, more correctly, perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian.'
— Chief Justice John Marshall, Cherokee Nation v. Georgia, 1831
Which of the following best describes how the concept of 'domestic dependent nations' influenced the subsequent conflict over federal power and state sovereignty under the Jackson administration?
- AIt established that the judicial branch has the constitutional authority to directly enforce its rulings using the military, independent of the executive branch.
- BIt weakened federal power by declaring that state laws overrode federal treaties whenever state economic development was at stake.
- It affirmed federal supremacy over Native American affairs, but the Jackson administration's refusal to enforce judicial protections allowed Georgia to violate Cherokee sovereignty.Cevap
- DIt sought to promote the Market Revolution by ordering the immediate conversion of tribal lands into federally owned textile manufacturing zones.
Cevap
The ruling defined Native American tribes as domestic dependent nations under federal jurisdiction, but the Jackson administration's refusal to enforce judicial protections allowed Georgia to violate Cherokee sovereignty.
The ruling in Cherokee Nation v. Georgia defined the tribes as domestic dependent nations under federal authority, which established that only the federal government had jurisdiction over them. However, when the Marshall Court later ruled in Worcester v. Georgia that Georgia's state laws were invalid in Cherokee territory, the Jackson administration refused to enforce the ruling, demonstrating a severe challenge to judicial authority and allowing state-level expansion to proceed unchecked.
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Anahtar Kavram
The conflict between executive enforcement and Marshall Court rulings regarding federal treaty supremacy and state sovereignty.