Preview

The Marshall Trilogy

Good Essays
Open Document
Open Document
478 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Marshall Trilogy
John Marshall was fourth Chief Justice in Supreme Court and accredited as being the most influential man in the development of the United States legal system and federal Indian law. The Marshall Court made three significant decisions that directly balanced the power of the Federal Laws and Indian Federal Law. Amongst these resolutions are the three cases that form the simple outline of federal Indian law in the United States, this has been referred to as the ‘Marshall Trilogy.’
1. Johnson vs. M’Intosh (1823)
The situation involved a man named Thomas Johnson who purchased land from the Piankeshaw Indians and William M’Intosh who later attained a patent to the same land from the United States Patent Office. Marshalls Court was asked to settle the argument between the two men and agreed with William M’Intosh. Marshall stated that the Piankeshaw Indians did not actually own the land out-and-out, but that they had right to inhabit the land. Marshall determined that Native Americans could not sell or trade land to individuals and states do not have legal standing to settle indigenous land titles.
2. Cherokee Nation vs. Georgia (1831)
Honorable Cherokee Chief John Ross tried to defend Cherokee plots, contest relocation, and prevent the State of Georgia from imposing on them by requesting for an injunction in the
…show more content…
In the State of Georgia, it was against the State law to preach without a license. Mr. Worcester was arrested and confined in jail were he sued the State of Georgia appealing that Georgia did not have power to inforce activity on Tribal lands. Marshalls Court agreed with Mr. Worcester affirming that the Cherokee Nation is a distinctive community on its own territory and that Georgia could inforce this State law. Again, this decision recognized that the United States Government, not the states have authority over tribes with inherent

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Soboba Tribe Case Study

    • 386 Words
    • 2 Pages

    In 1888, the California Supreme Court adjudicated the Soboba tribe’s aboriginal occupancy rights over certain Mexican grant lands. This case, known as Byrne v. Alas, 74 Cal. 628, 16 Pac. 523 (1888) , resolved a dispute between plaintiff Byrne and the defendant Alas (and several other Soboba Indians), who both claimed title to the lands under the Estadillo grant. This land grant was confirmed under the 1851 Act of Congress that required the filing of lands with the federal Land Claims Board. Alas and the Indians, like Rogerio Rocha, were living on the lands within the Estadillo grant. The plaintiff, however, succeeding in filing the land grant within the two year period and therefore…

    • 386 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    There are obvious differences between the de Vitoria's arguments and the 1950s U.S. Supreme Court decision. They collide with each other in their attitudes and approaches in dealing with Indians. After being assigned by the Spanish king to address the right of the Spanish in the New world, de Vitoria delivered the lecture entitle “On the Indians Lately Discovered” in 1532. In the lecture, he emphasized that the Indians had natural rights as land owners in managing their lands. He also noted that the Spanish Crown could not claim their ownership of the land they discovered unless there were no properties on the land. Besides, “the Spanish and other European nations used to secure the goodwill and consent of tribes” (Wilkins and Lomawaima, 28).…

    • 300 Words
    • 2 Pages
    Good Essays
  • Good Essays

    1. In a unanimous decision, Marshall held that a land grant was a valid contract and could not be repealed even if corruption was involved.…

    • 638 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The Sioux have staunchly maintained that the treaty ratified by the 1877 Act is void for several reasons, among which are the insufficient number of signatures, the coercive nature of the negotiations, and, most importantly, because the Black Hills were never for sale. Despite creating a Court of Claims to allow non-Indians to sue the federal government, claims by Indians were expressly barred until 1920. The Lakota’s appeal for monetary compensation, filed in 1923 and asserting that the seizure of the Black Hills constituted an illegal taking under the Fifth Amendment, represented the only legal avenue for any redress for the loss of their land, and for decades the Lakota pursued the claim despite the inadequacy of any monetary award (Lenane,…

    • 122 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    Apush Chapter 12 Study Guide

    • 2265 Words
    • 10 Pages

    John Marshall (September 24, 1755 – July 6, 1835) was an American jurist and statesman who shaped American constitutional law and made the Supreme Court a center of power. Marshall was Chief Justice of the United States, serving from January 31, 1801, until his death in 1835.…

    • 2265 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    Worcester vs Georgia

    • 301 Words
    • 2 Pages

    2. Chief Justice Marshall sided with Cherokees and stated that laws were “repugnant to Constitution, laws, and treaties of the US”…

    • 301 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    In 1803, a single case managed to change how America's government would be run forever. In John Adams' last few days as president, he appointed a small group of Federalists into power. When Thomas Jefferson was elected into office, and he told James Madison to not bring the commissions to an appointed “midnight judge” named William Marbury. This gave the newly appointed Chief Justice, John Marshall, a great opportunity to spread his Federalist influence deeper into the American government. When Marbury found out that his commission was being held back by Madison, he sued for its delivery.…

    • 375 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    John Marshall Book Review

    • 321 Words
    • 2 Pages

    Interesting post Inez, great job. John Edward Smith titled a great book about John Marshall, Definer of a Nation. Reviewing all these early Constitutional questions, one can see it was an aptly titled book. Especially in McCulloch v Maryland (1818), you can see the some questions that needed answers while growing of a new nation. As you posted, the Maryland Court of Appeals determined the US Constitution does not state that Congress can create a national bank. The decision to define these early interruptions rested with Marshall’s Court. States had previously, ran their own sovereign economic systems. The growth of the federal government not only clashed with States, case like McCullach v Maryland (1818) frightened the States.…

    • 321 Words
    • 2 Pages
    Good Essays
  • Good Essays

    John Marshall was born on September 24, 1755. He was an American jurist and statesman who shaped American constitutional law and made the Supreme Court a center of power. John Marshall was born in a log cabin near Germantown, a rural community on the Virginia frontier, in what is now Fauquier County near Midland, Virginia to Thomas Marshall and Mary Randolph Keith. The oldest of fifteen, John had eight sisters and six brothers. Also, several cousins were raised with the family. From a young age, he was noted for his good humor and black eyes, which were "strong and penetrating, beaming with intelligence and good nature. Thomas Marshall was employed by Lord Fairfax. Known as "the Proprietor", Fairfax provided…

    • 624 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    1980 Dbq

    • 3003 Words
    • 13 Pages

    "In examining the question how the disturbances on the frontiers are to be quieted, two modes present themselves, by which the object might perhaps be effected; the first of which is by raising an army, and (destroying the resisting] tribes entirely, or 2ndly by forming treaties of peace with them, in which their rights and limits should be explicitly defined, and the treaties observed on the part of the United States with the most rigid justice, by punishing the whites, who should violate the same. In considering the first mode, an inquiry would arise, whether, under the existing circumstances of affairs, the United States have a clear right, consistently with the principles of justice and the laws of nature, to proceed to the destruction or expulsion of the savages.... The Indians being the prior occupants, possess the right of the soil. It cannot be taken from them unless by their free consent, or by the right of conquest in case of a. just war. To dispossess them on any other principle, would be a gross violation of the fundamental laws of nature, and of that distributive justice which is the glory of a nation. But if it should be decided, on an abstract view of the situation, to remove by force the ... Indians from the territory they occupy, the finances of the United States would not at present…

    • 3003 Words
    • 13 Pages
    Powerful Essays
  • Good Essays

    Sioux Nation Case Study

    • 760 Words
    • 4 Pages

    The United States v. Sioux Nation of Indians was a case that was decided in the Supreme Court in 1980, but really goes back to the events surrounding the Fort Laramine Treaty of 1868. The events that led up to the Sioux Nation pursuing legal action can pretty much be summarized as the United States government using their military power and governmental law as a means to wrongfully and/or immorally take away land that was promised to the Sioux Nation in the Fort Laramine Treaty of 1868. The treaty stated that the Great Sioux reservation, including the Black hills, would be “set apart for the absolute and undisturbed use and occupation" of the Sioux Nation (Sioux), and that no treaty for the cession of any part of the reservation would be valid…

    • 760 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In 1829 Andrew Jackson created the Indian Removal Act. The Indian Removal Act was a law that stated that Native Americans that were settled east of the Mississippi River had to move west of the river to a portion of land that was set aside for them in the Oklahoma territory. The Cherokee Indians that were settled in Georgia became angry with the law and decided to sue the state of Georgia, because they felt like they were entitled to the land. The Supreme Court case became known as Worcester v. Georgia. It was won by the Indians and the law was proven unconstitutional. President Jackson chose to ignore the results of the case and carry on wih the law, causing the Trail of Tears. The Trail of Tears was the name given to the horrible event where Jackson force the Native Americans to travel during one of the worst winters to the other side of the Mississippi River. Jackson went against the constitution and around the verdict of the Supreme Court, so that he could get exactly what he wanted. Jackson was very unlike the presidents before him, by performing selfish deeds such as the Trail of Tears to get what he wanted.…

    • 639 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Miranda Law

    • 1709 Words
    • 7 Pages

    Bibliography: * Kermit Hall, John J. Patrick, Annenberg Foundation Trust at Sunnylands, Annenberg Public Policy Center. The Pursuit of Justice: Supreme Court Decisions That Shaped America. Oxford University Press US, 2006.…

    • 1709 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    In the early 1800’s a young man by the name of James Martin was denied by the lower court when he claimed that his deceased mother’s property in the United States was confiscated from his family. After being denied for an appeal in the lower court, James appealed his decision to the Supreme Judicial Court. The problem at conflict in this case was whether or not James mother, Anna, was defined as a feme-covert or as a citizen of The United States. This court case was called Martin v. Massachusetts.…

    • 314 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Thurgood Marshall Speech

    • 1263 Words
    • 6 Pages

    Thurgood Marshall delivered a speech on “The Legal Attack to Secure Civil Rights,” at the National Association of the Advancement of Colored People Wartime Conference, in Chicago, Illinois, during July 1944. In the speech Marshall gives an overview of antidiscrimination law and expresses the importance of understanding the laws in place to protect the civil rights of black people, by enforcing the civil rights statues. In the speech he outlines solutions for various forms of discrimination and stresses the importance of people bringing their complaints to the attention of lawyers’ so that federal officials are made to enforce the statues set forth. In Thurgood Marshall’s speech at the NAACP Wartime Conference, he maintains that a legal strategy is necessary to secure full civil rights and that blacks in particular, must avail themselves of statutes of the United States to protect their fundamental rights as free American citizens.…

    • 1263 Words
    • 6 Pages
    Powerful Essays