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Why was the Cherokee Nation's request for an injunction against their removal denied by the US Supreme Court?
Wiki User
∙ 13y ago
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.
Wiki User
∙ 13y ago
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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.
The British were used to fighting in Europe against armies of the European nations that marched into combat in columns of three or more lines?
Yes, the British were used to fighting in Europe against armies of the European nations that marched into combat in columns of three or more lines.
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.
Who is the premier footballer who has taken out an injunction against imogen thomas?
Ryan Giggs.
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)
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.
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.
How did John Ross argue against the removal of the Cherokees?
He lobbied against the passage of the Indian Removal Act and gained the support of some prominent Whigs, but it passed. He filed suit in the Supreme Court against the state of Georgia in protest of state laws that punished the Cherokee. The Court ruled that state laws did not apply to Indian affairs but that did not help the Cherokee where federal law was concerned. He tried to get a treaty approved that would delay the removal of the Cherokee but another faction in the Cherokee nation signed a different treaty that agreed to the removal.
Which answer best represents Gibbons' view of the court case against Ogden?
Gibbons believed that Congress had exclusive power over interstate commerce, which is the reason for why he appealed to the Supreme Court after other courts issued an injunction restricting Gibbons' boat operations.
