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Why was the Cherokee Nation's request for an injunction against their removal denied by the US Supreme Court?
The US Supreme Court ruled that it lacked original jurisdiction over the case because the status of the Cherokee nation was not a state but a "denominated domestic dependent nation." Although the injunction was denied, the Court indicated it would be willing to review the matter on appeal from the lower courts. It appears the suit was not refiled in the lower courts.
Case Citation:
Cherokee Nation v. Georgia, 30 US 1 (1831)
For more information, see Related Questions, below.
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Which Supreme Court case directly involved white missionaries aiding the Cherokee?
The Supreme Court case that directly involved white missionaries aiding the Cherokee is Cherokee Nation v. Georgia (1831). In this case, the Cherokee Nation sought to assert its sovereignty and protect its rights against state encroachments, with missionaries like Samuel Worcester supporting their cause. The Court ultimately ruled that the Cherokee Nation was a "domestic dependent nation," which limited their ability to assert sovereignty but acknowledged their rights. This case set the stage for further legal battles over Native American rights and state authority.
Did the US Supreme Court case Worcester v. Georgia legally open Cherokee lands to mining?
No. The case had nothing to do with mining.Worcester v. Georgia (1832) addressed a Georgia law requiring whites living in Cherokee territory to obtain a permit from the state. When seven missionaries refused to follow the law, they were convicted and sentenced to four years hard labor.When the appeal reached the Supreme Court, Chief Justice Marshall stated the United States relationship to the Cherokee was that of two separate nations, giving the federal government the sole right of negotiation with the Native American nations, and barring Georgia from taking action against them. Marshall further opined that the government did not have the right of possession of Native American land, nor dominion over their laws, short of military conquest or legal purchase.According to Marshall, the Cherokee weren't bound by Georgia state law while in their own territory, and Georgia couldn't make laws regarding use of their territory.He also ordered Georgia to release the missionaries, which it did.
The action voted by the house of representatives against supreme court justice samuel chase?
Impeachment was the action voted by the House of Representatives against Supreme Court Justice Samuel Chase. However, the Senate didn't uphold the impeachment.
What does v stand for in Supreme court cases?
The v. in Supreme Court cases stands for the word versus. For example Roe v. Wade spelled out would say Roe versus Wade. But cases are never witten as such. "versus' is Latin for "against".
Who enforces US Supreme Court rulings when they are against the President and the President refuses?
Whenever a U. S. President is in violation of the law as interpreted by the U. S. Supreme Court (or even if he/she is in violation of a law that the Supreme Court has not tested), it is the responsibility of Congress to impeach him/her.
What action did Georgia take against Cherokee?
federal injunction against laws passed by the state of Georgia depriving them of rights within its boundaries, but the Supreme Court did not hear the case on its merits.
What do i have to do to get an injunction lifted against me in england?
To get an injunction lifted against you in England, you will need to satisfy the terms of the injunction. Usually this means paying the fees and fines.
How Can you Use the Word Injunction in a Sentence?
Court has issued Injunction . This Injunction forbids you to enter.
What is a sentence for Injunction?
He filed for an injunction against police enforcement of the ordinance.
What Cherokee leader fought Indian Removal in the US Supreme Court?
Cherokee Nation v. Georgia, 30 US 1 (1831)Cherokee Chief John Ross fought the removal of native Americans through the US Supreme Court, and petitions to congress.For more information, see Related Questions, below.
What was the US Supreme Court's decision in Cherokee Nation v Georgia?
The case of Cherokee Nation v. Georgia, (1831), involved a question of Supreme Court jurisdiction after the state of Georgia enacted a series of laws in 1828 that stripped Native Americans of their rights, in order to annex their land and force the Cherokee to leave the state.Fearing Georgia had the support of President Jackson, John Ross, Chief of the Cherokee Nation, led a delegation to Washington to plead for relief directly from Congress, bypassing the usual process of negotiating directly with the President. Although Ross found support in Congress, it was insufficient to overturn Georgia law.Ross then appealed directly to the US Supreme Court for an injunction against Georgia's laws. The Court determined it didn't have original jurisdiction over the matter because the Cherokee Nation was not a state but a "denominated domestic dependent nation." The injunction was denied, but the Court indicated it would be willing to review the matter on appeal from the lower courts.Case Citation:Cherokee Nation v. Georgia, 30 U.S. 1 (1831)
Can injunction be granted against minor?
Yes, an injunction can be granted against a minor, but there are specific legal considerations involved. Courts typically assess the minor's capacity to understand the implications of their actions and the injunction. Additionally, the minor's guardian or parent may need to be involved in the proceedings to represent the minor's interests. Ultimately, the court will prioritize the minor's welfare and best interests when deciding on the injunction.
Does the person who has the injunction against them have any recourse or what if the accusations are false?
Yes, a person with an injunction against them has recourse to challenge the injunction in court. They can present evidence to dispute the accusations and argue for its dismissal. If the allegations are false, they may also consider pursuing a defamation claim against the accuser, depending on the circumstances. It's advisable for them to seek legal counsel to navigate the situation effectively.
How do you use the word injunction in a sentence?
This is a command, especially a court order prohibiting you from doing something. Here are some sentences.She took out an injunction against him, forbidding him to come within 20 feet of her house.The judge approved that injunction.
Who is the premier footballer who has taken out an injunction against imogen thomas?
Ryan Giggs.
What is the definition of a injunction?
An injunction is a court order forbidding a person from doing a specific thing, or less often, commanding a person to do a thing. E.g. "The landholder obtained an injunction against his neighbour which forbade the construction of a giant tower on the neighbour's land."
Can a judge grant an application for preliminary injunction once a trial has started?
More information is necessary. Injunction against what, or who, for what reason? If it does not directly affect the defendant themselves, it is probably proper.Added answer:The answer this question is a simple Yes. If any party even during the trial, applies for a preliminary injunction against another party and proves that the injunction should be granted, the court may issue a preliminary injunction. The trial will continue and depending on who wins the case, the preliminary injunction will either be vacated or will ripen into a permanent injunction.The whole purpose of a preliminary injunction is to temporarily maintain the status quo between the parties until termination of the case. If the circumstances warrant it, the court may issue a preliminary injunction at any time to do this.
