Worcester+v.+Georgia

**Worcester v. Georgia: By Kaitlin and Sophie - 3rd Hour**
**VS nice! **


 * Case Title: ** Worcester Vs Georgia
 * Date of hearing ** : 1832


 * Chief of Justice: **John Marshall (September 24, 1755-July 6 1835) - Chief of Justice January 31, 1801-July 6, 1835. He was previously was a leader of the Federalist Party in Virginia. Marshall had also formerly served in the House of Representatives from 1799-1800 and as the Secretary of State under John Adams from 1800-1801. He was nominated by John Adams for his position as Chief of Justice. Marshall played an important role in the development of the legal system.


 * Documents or amendments relevant to the case: **The 5th Amendment is relevant to this case. **What part of the 5th Amendment?**

Samuel Worcester and 7 other pastors were arrested by the state of Georgia because they opposed Cherokee removal. Which required everyone that was living on Native American land, or wished to visit the land (that were not Native Americans) to have a license, issued by the state, to be on the land. They **(the pastors or the Indians?)** were sentenced to 4 years of hard labor. After they refused, they were asked to leave the state. __They__ pastors appealed their case to the U.S. Supreme Court. They argued that the law that they had been arrested for was __unconstiutional__ **(is this the Indian Removal Act?)**. Worcester __agrued__ that the state of Georgia had **NO** right to pass laws that would regulate who could be on Cherokee land.
 * Summary of Case: **




 * Main Issue/ argument of the case: **The main argument was that the state of Georgia passed laws that required all non-Indian people living, or passing through, Indian Territory to obtain licsenses. When seven missionaries refused to get licenses, they were arrested and put to work for seven years. Samuel Worchester was among those seven missionaries.

**Decision rendered by the court plus the vote: ** On March 3, 1832, the court ruled in favor of Worcester. It was a //**5-to-1 vote**// (the 1 being Henry Baldwin). The opinion of John Marshall was, that the Cherokee Nation were "independent, distinct, political communities that should retain their natural rights". Because of this vote, Georgia's law became void. The impact of this decision was that the U.S. cannot regulate laws exclusively in Native American territories. **Why did Baldwin vote against the decision?** **l **
 * <span style="color: #9e00ff; font-family: 'lucida sans','sans-serif'; font-size: 16px;">Who voted and why: **
 * <span style="font-family: 'Lucida Sans','sans-serif'; font-size: 16px;"> John Marshall : John Marshall was the majority along with the four others below:
 * <span style="font-family: 'Lucida Sans','sans-serif'; font-size: 16px;"> William Johnson : Joined John Marshall.
 * <span style="font-family: 'Lucida Sans','sans-serif'; font-size: 16px;"> Gabriel Duvall : Joined John Marshall.
 * <span style="font-family: 'Lucida Sans','sans-serif'; font-size: 16px;"> Joseph Story : Joined John Marshall.
 * <span style="font-family: 'Lucida Sans','sans-serif'; font-size: 16px;"> Smith Thompson : Joined John Marshall.
 * <span style="font-family: 'Lucida Sans','sans-serif'; font-size: 16px;"> John McLean : John McLean was the concurrence.
 * <span style="font-family: 'Lucida Sans','sans-serif'; font-size: 16px;"> Henry Baldwin : Henry Baldwin was the dissent.

**<span style="color: #9e00ff; font-family: 'lucida sans','sans-serif'; font-size: 16px;">Who were the members of the court at that time and how long on the court: ** **** These last three guys, I think you have their birth and death dates. I don't think anyone has served on the court for 75 yrs like Thompson did. Plus, the Court didn't exist when he began serving in 1768 and James Monroe wasn't President for another 50 yrs.**
 * **<span style="font-family: 'Lucida Sans','sans-serif';">William Johnson ** <span style="font-family: 'Lucida Sans','sans-serif'; font-size: 16px;">-Served from Mach 26, 1804-August 4, 1834. He was nominated by Thomas Jefferson.
 * **<span style="font-family: 'Lucida Sans','sans-serif';">Gabriel Duvall ** <span style="font-family: 'Lucida Sans','sans-serif'; font-size: 16px;">- Served from November, 1811- January 12, 1835 He was nominated by James Madison.
 * **<span style="font-family: 'Lucida Sans','sans-serif';">Joseph Story ** <span style="font-family: 'Lucida Sans','sans-serif'; font-size: 16px;">- Served from November 18, 1811- September 10, 1845. He was nominated by James Madison.
 * **<span style="font-family: 'Lucida Sans','sans-serif';">Smith Thompson ** <span style="font-family: 'Lucida Sans','sans-serif'; font-size: 16px;">-Served from January 17, 1768 – December 18, 1843. He was nominated by James Monroe.
 * **<span style="font-family: 'Lucida Sans','sans-serif';">John McLean ** <span style="font-family: 'Lucida Sans','sans-serif'; font-size: 16px;">- Served from March 11, 1785 – April 4, 1861. He was nominated by Andrew Jackson.
 * **<span style="font-family: 'Lucida Sans','sans-serif';">Henry Baldwin ** <span style="font-family: 'Lucida Sans','sans-serif'; font-size: 16px;">- Served from January 14, 1780 – April 21, 1844. He was nominated by Andrew Jackson.

My personal opinion is that this case was fair. The law that required everyone to have a license was unnecessary. Samuel Worchester, or anyone else, had the rights to go wherever they wanted. The case went the way they wanted it to. There was no more need to be against the state since the law was repealed. **What about the decision itself and the new way that Indians were treated?**
 * <span style="color: #9e00ff; font-family: 'lucida sans','sans-serif'; font-size: 16px;">What is your personal opinion on the case: **

**<span style="color: #9e00ff; font-family: 'lucida sans','sans-serif'; font-size: 16px;">What if it had gone the other way: ** <span style="color: black; font-family: 'lucida sans','sans-serif'; font-size: 120%;">I think that if the case had gone the other way, the issue would have just been tryed again, because not just one group of pastors found it unjust. Many others would have sued to have this law removed. So I would have to believe after awhile of fighting for this law, the state would just give in to the people's wishes and just remove the law. **<span style="font-family: 'Lucida Sans','sans-serif'; font-size: 16px;">Work Cited: ** <span style="color: black; font-family: 'Times New Roman',Times,serif; font-size: 16px;">"Gabriel Duvall." //Wikipedia, the Free Encyclopedia//. Web. 23 Jan. 2012. []. <span style="color: black; font-family: 'Times New Roman',Times,serif; font-size: 16px;">"Henry Baldwin (judge)." //Wikipedia, the Free Encyclopedia//. Web. 23 Jan. 2012. []. <span style="color: black; font-family: 'Times New Roman',Times,serif; font-size: 16px;">"John Marshall." //Wikipedia, the Free Encyclopedia//. Web. 23 Jan. 2012. <span style="color: black; font-family: 'Times New Roman',Times,serif; font-size: 16px;">[]. <span style="color: black; font-family: 'Times New Roman',Times,serif; font-size: 16px;">"John McLean." //Wikipedia, the Free Encyclopedia//. Web. 23 Jan. 2012. []. <span style="color: black; font-family: 'Times New Roman',Times,serif; font-size: 16px;">"Joseph Story." //Wikipedia, the Free Encyclopedia//. Web. 23 Jan. 2012. []. <span style="color: black; font-family: 'Times New Roman',Times,serif; font-size: 16px;">Laws.com. "Worcester V Georgia." //Court Cases//. Laws.com, 2011. Web. 23 Jan. 2012. []. <span style="color: black; font-family: 'Times New Roman',Times,serif; font-size: 16px;">"Smith Thompson." //Wikipedia, the Free Encyclopedia//. Web. 23 Jan. 2012. []. <span style="color: black; font-family: 'Times New Roman','serif'; font-size: 16px;">"Supreme Court." //Laapush.org//. Web. 13 Feb. 2012. <http://www.laapush.org/supremecourt45.htm>. <span style="color: black; font-family: 'Times New Roman',Times,serif; font-size: 16px;">"William Johnson (judge)." //Wikipedia, the Free Encyclopedia//. Web. 23 Jan. 2012. []. <span style="font-family: 'Times New Roman',Times,serif; font-size: 120%;">"Worcester v. Georgia (Supreme Court Drama) - ENotes.com." //ENotes - Literature Study Guides, Lesson Plans, and More.// Web. 13 Feb. 2012. []. <span style="font-family: 'Times New Roman',Times,serif; font-size: 120%;">"Worcester v. Georgia: West's Encyclopedia of American Law (Full Article) from Answers.com." //Answers.com: Wiki Q&A Combined with Free Online Dictionary, Thesaurus, and Encyclopedias//. Web. 13 Feb. 2012. []. <span style="color: black; font-family: 'Times New Roman',Times,serif; font-size: 16px;">"Worcester v. Georgia." //Wikipedia, the Free Encyclopedia//. Web. 23 Jan. 2012. [].


 * <span style="color: #ff0000; font-family: 'Times New Roman',Times,serif; font-size: 16px;">7/7 Biblio - looks great **
 * <span style="color: #ff0000; font-family: 'Times New Roman',Times,serif; font-size: 16px;">22/28 Content - needs some more work here. Almost all of the important sections need more explanation / details. **
 * <span style="color: #ff0000; font-family: 'Times New Roman',Times,serif; font-size: 16px;">4/5 Organization, etc. - watch the spelling, other wise, good job. **


 * <span style="color: #ff0000; font-family: 'Times New Roman',Times,serif; font-size: 16px;">33/40 Total **