How did the Indian Removal act of 1830 go against the Worcester v. Georgia ruling

1 answer

The Indian Removal Act of 1830 directly contradicted the ruling of Worcester v. Georgia. In the Worcester v. Georgia case, the Supreme Court had declared that Native American tribes were sovereign entities and that only the federal government had the power to deal with them. The ruling recognized the independence and autonomy of Native American tribes, specifically the Cherokee Nation, within their territories. The court emphasized that the states had no authority over Native American lands.

However, the Indian Removal Act completely ignored the Supreme Court ruling and authorized the forced removal of Native American tribes from their ancestral lands to lands west of the Mississippi River, later known as Indian Territory (present-day Oklahoma). This act ultimately led to the infamous Trail of Tears, where thousands of Native Americans, primarily Cherokee, were forcibly relocated, resulting in the deaths of thousands due to exposure, disease, and violence.

By authorizing the removal of Native American tribes, the Indian Removal Act disregarded the Supreme Court's recognition of Native American sovereignty and undermined the rights and autonomy granted to the Native American tribes by the Worcester v. Georgia ruling. This act was a clear violation of the court's decision and a disregard for the legal principles established in Worcester v. Georgia.