The Cherokee are one of the indigenous people of the Southeastern Woodlands of the United States. Prior to the 18th century, they were concentrated in what is now southwestern North Carolina, southeastern Tennessee, and the tips of western South Carolina and northeastern Georgia.
The Trail of Tears was a series of forced relocations of Native Americans in the United States from their ancestral homelands in the Southeastern United States, to areas to the west that had been designated as Indian Territory. The forced relocations were carried out by government authorities following the passage of the Indian Removal Act in 1830. The relocated peoples suffered from exposure, disease, and starvation while en route to their new designated reserve, and many died before reaching their destinations. The forced removals included members of the Cherokee, Muscogee (Creek), Seminole, Chickasaw, and Choctaw nations, as well as their African slaves. The phrase "Trail of Tears" originates from a description of the removal of many Native American tribes, including the infamous Cherokee Nation relocation in 1838.
Dred Scott v. Sandford, 60 U.S. 393 (1857), was a landmark decision of the U.S. Supreme Court in which the Court held that the U.S. Constitution was not meant to include American citizenship for black people, regardless of whether they were enslaved or free, and therefore the rights and privileges it confers upon American citizens could never apply to them. The plaintiff in the case was Dred Scott, an enslaved black man whose owners had taken him from Missouri, which was a slave-holding state, into the Missouri Territory, most of which had been designated "free" territory by the Missouri Compromise of 1820. When his owners later brought him back to Missouri, Scott sued in court for his freedom, claiming that because he had been taken into "free" U.S. territory, he had automatically been freed, and was legally no longer a slave. Scott sued first in Missouri state court, which ruled that he was still a slave under its law. He then sued in U.S. federal court, which ruled against him by deciding that it had to apply Missouri law to the case. He then appealed to the U.S. Supreme Court.
Worcester v. Georgia, 31 U.S. 515 (1832), was a case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional.
Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States. The U.S. federal government recognizes tribal nations as "domestic dependent nations" and has established a number of laws attempting to clarify the relationship between the federal, state, and tribal governments.
Cherokee Nation v. Georgia, 30 U.S. 1 (1831), was a United States Supreme Court case. The Cherokee Nation sought a federal injunction against laws passed by the U.S. state of Georgia depriving them of rights within its boundaries, but the Supreme Court did not hear the case on its merits. It ruled that it had no original jurisdiction in the matter, as the Cherokees were a dependent nation, with a relationship to the United States like that of a "ward to its guardian," as said by Justice Marshall.
The Nonintercourse Act is the collective name given to six statutes passed by the Congress in 1790, 1793, 1796, 1799, 1802, and 1834 to set Amerindian boundaries of reservations. The various Acts also regulate commerce between Americans and Native Americans. The most notable provisions of the Act regulate the inalienability of aboriginal title in the United States, a continuing source of litigation for almost 200 years. The prohibition on purchases of Indian lands without the approval of the federal government has its origins in the Royal Proclamation of 1763 and the Confederation Congress Proclamation of 1783.
The Cherokee Nation, also known as the Cherokee Nation of Oklahoma, is the largest of three Cherokee federally recognized tribes in the United States. It was established in the 20th century and includes people descended from members of the Old Cherokee Nation who relocated from the Southeast due to increasing pressure to Indian Territory and Cherokee who were forced to relocate on the Trail of Tears. The tribe also includes descendants of Cherokee Freedmen and Natchez Nation. Over 299,862 people are enrolled in the Cherokee Nation, with 189,228 living within the state of Oklahoma. According to Larry Echo Hawk, former head of the Bureau of Indian Affairs (BIA), the current Cherokee Nation is not the historical Cherokee tribe but instead a "successor in interest".
The cultural assimilation of Native Americans was an assimilation effort by the United States to transform Native American culture to European–American culture between the years of 1790 and 1920. George Washington and Henry Knox were first to propose, in an American context, the cultural transformation of Native Americans. They formulated a policy to encourage the civilizing process. With increased waves of immigration from Europe, there was growing public support for education to encourage a standard set of cultural values and practices to be held in common by the majority of citizens. Education was viewed as the primary method in the acculturation process for minorities.
Talton v. Mayes, 163 U.S. 376 (1896), was a United States Supreme Court case, in which the court decided that the individual rights protections, which limit federal, and later, state governments, do not apply to tribal government. It reaffirmed earlier decisions, such as the 1831 Cherokee Nation v. Georgia case, that gave Indian tribes the status of "domestic dependent nations," the sovereignty of which is independent of the federal government.
The Cherokee Freedmen Controversy was a political and tribal dispute between the Cherokee Nation of Oklahoma and descendants of the Cherokee Freedmen regarding the issue of tribal membership. The controversy had resulted in several legal proceedings between the two parties from the late 20th century to August 2017.
Lone Wolf v. Hitchcock, 187 U.S. 553 (1903), was a United States Supreme Court case brought against the US government by the Kiowa chief Lone Wolf, who charged that Native American tribes under the Medicine Lodge Treaty had been defrauded of land by Congressional actions in violation of the treaty.
Ex parte Crow Dog, 109 U.S. 556 (1883), is a decision of the Supreme Court of the United States that followed the death of one member of a Native American tribe at the hands of another on reservation land. Crow Dog was a member of the Brulé band of the Lakota Sioux. On August 5, 1881 he shot and killed Spotted Tail, a Lakota chief; there are different accounts of the background to the killing. The tribal council dealt with the incident according to Sioux tradition, and Crow Dog paid restitution to the dead man's family. However, the U.S. authorities then prosecuted Crow Dog for murder in a federal court. He was found guilty and sentenced to hang.
The Supreme Court of the United States, under Chief Justice Roger B. Taney (1836–1864), issued several important decisions on the status of aboriginal title in the United States, building on the opinions of aboriginal title in the Marshall Court.
The Taney Court heard thirty criminal law cases, approximately one per year. Notable cases include Prigg v. Pennsylvania (1842), United States v. Rogers (1846), Ableman v. Booth (1858), Ex parte Vallandigham (1861), and United States v. Jackalow (1862).
Salazar v. Ramah Navajo Chapter, 567 U.S. 182 (2012), was a United States Supreme Court case in which the Court held that the United States government, when it enters into a contract with a Native American (Indian) tribe for services, must pay contracts in full, even if congress has not appropriated enough money to pay all tribal contractors. The case was litigated over a period of 22 years, beginning in 1990, until it was decided in 2012.
Adoptive Couple v. Baby Girl, 570 U.S. ___ (2013), was a decision of the Supreme Court of the United States that held that several sections of the Indian Child Welfare Act (ICWA) do not apply to Native American (Indian) biological fathers who are not custodians of an Indian child. The court held that the procedures required by the ICWA to end parental rights do not apply when the child has never lived with the father. Additionally, the requirement to make extra efforts to preserve the Indian family also does not apply, nor is the preferred placement of the child in another Indian family required when no other party has formally sought to adopt the child.
United States v. Ramsey, 271 U.S. 467 (1926), was a U.S. Supreme Court case in which the Court held that the government had the authority to prosecute crimes against Native Americans (Indians) on reservation land that was still designated Indian Country by federal law. The Osage Indian Tribe held mineral rights that were worth millions of dollars. A white rancher, William K. Hale, devised a plot to kill tribal members to allow his nephew, who was married to a tribal member, to inherit the mineral rights. The tribe requested the assistance of the federal government, which sent Bureau of Investigation agents to solve the murders. Hale and several others were arrested and tried for the murders, but they claimed that the federal government did not have jurisdiction. The district court quashed the indictments, but on appeal, the Supreme Court reversed, holding that the Osage lands were Indian Country and that the federal government therefore had jurisdiction. This put an end to the Osage Indian murders.
United States v. Antelope, 430 U.S. 641 (1977), was a United States Supreme Court case in which the Court held that American Indians convicted on reservation land were not deprived of the equal protection of the laws; (a) the federal criminal statutes are not based on impermissible racial classifications but on political membership in an Indian tribe or nation; and (b) the challenged statutes do not violate equal protection. Indians or non-Indians can be charged with first-degree murder committed in a federal enclave.
