Native American Law

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Marshall Trilogy

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Native American Law

Definition

The Marshall Trilogy refers to a series of three landmark U.S. Supreme Court cases in the early 19th century that established the legal foundation for federal Indian law and affirmed the sovereignty of Native American tribes. These cases, namely Johnson v. McIntosh, Cherokee Nation v. Georgia, and Worcester v. Georgia, set crucial precedents regarding land rights, tribal sovereignty, and the trust relationship between Native American tribes and the federal government. The trilogy significantly influenced the ongoing legal and political dynamics surrounding Native American issues.

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5 Must Know Facts For Your Next Test

  1. Johnson v. McIntosh (1823) held that private citizens could not purchase lands from Native Americans, establishing that only the federal government could acquire land from tribes.
  2. Cherokee Nation v. Georgia (1831) classified tribes as 'domestic dependent nations,' emphasizing their limited sovereignty but also recognizing their political status.
  3. Worcester v. Georgia (1832) ruled that states could not impose their laws within tribal territories, affirming the autonomy of Native American nations.
  4. The decisions in the Marshall Trilogy set important precedents that have influenced modern interpretations of federal Indian law and tribal sovereignty.
  5. These cases highlighted the complexities of the trust relationship between Native Americans and the federal government, which continues to evolve today.

Review Questions

  • How did the decisions made in Johnson v. McIntosh shape the land rights of Native Americans?
    • In Johnson v. McIntosh, the Supreme Court determined that private citizens could not buy land directly from Native Americans, asserting that only the federal government had the right to negotiate land acquisitions with tribes. This ruling effectively marginalized Native American land rights by positioning federal authority as the sole mediator in land transactions, thus establishing a legal framework that undermined tribal sovereignty over their own lands.
  • Discuss how Cherokee Nation v. Georgia established the concept of 'domestic dependent nations' and its implications for tribal sovereignty.
    • Cherokee Nation v. Georgia introduced the idea of tribes as 'domestic dependent nations,' which recognized their political existence but limited their sovereignty. This classification implied that while tribes had a unique relationship with the federal government, they were not fully independent entities capable of exercising complete self-governance. This decision laid groundwork for future interactions between tribes and the federal government, where federal oversight became a central theme in Indian affairs.
  • Evaluate how Worcester v. Georgia reinforced tribal sovereignty and its impact on state versus federal authority in relation to Native American governance.
    • Worcester v. Georgia reinforced tribal sovereignty by declaring that states could not enforce their laws within Native American territories without federal permission. This ruling significantly limited state power over tribes and clarified that tribal nations had authority over their own lands and affairs. The decision highlighted an ongoing tension between state and federal authority, setting a precedent for future cases regarding the rights of tribes in asserting autonomy against both state encroachment and federal oversight.
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