Best answer: Was the Indian Removal Act unconstitutional?

But Congress passed the removal law in the spring of 1830. … In 1830, the U.S. Supreme Court ruled in Worcester v. Georgia that Jackson was wrong. Chief Justice John Marshall wrote in the majority opinion that the Constitution gave to Congress, not the states, the power to make laws that applied to the Indian tribes.

Was the Indian Removal Act justified?

The Indian Removal Act was passed on May 26, 1830. The president at the time was Andrew Jackson. The Indian Removal Act allowed Jackson to make deals with the Native Americans to get them to move west. … The Supreme Court ruled removing the Native Americans by force unconstitutional, but President Jackson ignored them.

Why was the Indian Removal Act unfair?

It was not helpful, in fact it was very unfair. This meant the Cherokees had to leave the ancient land, already built and developed lands, schools, and community. And then rebuild all of those man made objects they created. And leaving the ancient land, that they settled on years ago.

How did the Supreme Court response to the Indian Removal Act?

the State of Georgia, Chief Justice John Marshall declared that “the Indian territory is admitted to compose a part of the United States,” and affirmed that the tribes were “domestic dependent nations” and “their relation to the United States resembles that of a ward to his guardian.” However, the following year the …

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In 1987, about 2,200 miles (3,500 km) of trails were authorized by federal law to mark the removal of 17 detachments of the Cherokee people. Called the Trail of Tears National Historic Trail, it traverses portions of nine states and includes land and water routes.

What powers did the Indian Removal Act of 1830 gave President Jackson?

Introduction. The Indian Removal Act was signed into law by President Andrew Jackson on May 28, 1830, authorizing the president to grant lands west of the Mississippi in exchange for Indian lands within existing state borders. A few tribes went peacefully, but many resisted the relocation policy.

How did the Indian Removal Act violate the Constitution?

Jackson warned the tribes that if they failed to move, they would lose their independence and fall under state laws. Jackson backed an Indian removal bill in Congress. Members of Congress like Davy Crockett argued that Jackson violated the Constitution by refusing to enforce treaties that guaranteed Indian land rights.

What were the consequences of the Indian Removal Act of 1830?

Intrusions of land-hungry settlers, treaties with the U.S., and the Indian Removal Act (1830) resulted in the forced removal and migration of many eastern Indian nations to lands west of the Mississippi.

How did Andrew Jackson ignore the Supreme Court?

Jackson allegedly defied the Supreme Court over Worcester v. Georgia (1832), announcing, “John Marshall has made his decision now let him enforce it.” The case revolved around Georgia’s attempt to apply state laws to Cherokee lands.

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