What is the significance of the 1832 supreme court case of worcester v georgia

The Supreme Court ruling in Worcester v. Georgia of 1832 was one of the most important decisions of the Court, since it was dealing for the first time with the legal status of indigenous peoples within the United States of America.

The question concerned the Cherokee Indians, and their removal from the lands of the state of Georgia. The Indians lived quietly in their lands thanks to ancient peace treaties carried out in 1791 with the United States. They had their own laws and a government of their own. But in 1828 gold was discovered in their possessions and Georgia took advantage of the opportunity to declare all previous agreements void to recover valuable lands and assets contained in them. The Indians then resorted with the help of missionary Samuel Austin Worcester, who was under heavy pressure from Governor George Rockingham Gilmer. Marshall expressed himself by declaring the unconstitutionality of state law, as only the federal government could comment on the Cherokee issue.

The decision became a precedent for subsequent cases involving indigenous peoples. Fearing a power struggle between the judiciary and the executive, the court decided not to enforce the ruling by the United States Marshals Service. Thus, the Cherokee were removed from Georgia in the event known as the Trail of Tears.

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