What president forced the removal of the Cherokee?

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1018224

2026-05-06 03:50

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Technically, none, although the test answer is Andrew Jackson, who pushed Congress to pass the Indian Removal Act of 1830.

President Jackson is frequently accused of defying Chief Justice John Marshall's opinion in Worcester v. Georgia, (1832) that the US government had a duty to protect the Cherokee as a dependent sovereign nation; however, Marshall's Words on the subject were not part of the legal decision, but dicta (obiter dictum, Latin: an aside or comment related to the case but not legally binding; a personal opinion).

The legal decision simply held that the State of Georgia had no right to pass laws regulating the Cherokee's use of their own land, and ordered Georgia to release jailed missionaries who had been living on Cherokee land in defiance of state laws.

The United States wasn't party to the Worcester v. Georgia suit, so the Supreme Court didn't have authority to order them to do anything. Chief Justice Marshall made a concerted effort to persuade Jackson and the federal government to protect the Cherokee, but the President, Congress and the southern states all wanted the Native American land for their own purposes and had no intention of cooperating.

Case Citation:

Worcester v. Georgia, 31 U.S. 515 (1832)

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