Essay Sample on Supreme Court Decision about Native Americans

Introduction

Supreme courts being the final court that makes a final decision in cases has engaged in a very important role in outlining the association amongst the nation's majority organizations, and it's homegrown populates in United State. The U.S. Supreme Court has beneficially assisted the Native Americans to enjoy their native lands ruling in their favor. This paper shows the impact of the ruling on the Native Americans by the Supreme Court of the United States.

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American Indians faced difficulties in the hands of the United States as they lost their lands to them as one of the most precarious dispossessions. This left most people landless as some lacked settlements. Johnson v. M'Intosh claimed that the United States has the special freedom to smother Indians' welfares in their lands, either by acquisition or just conflicts. He was steady with an extended and a continuous line of acts, rules, and assertions that streaked reserved acquisitions of land from the Indians (Kades., 2000). Besides this, Georgia also led several movements in the trial to confiscate the Cherokee Indians who held various territories from their native land in the 1820s and 1830s. The Cherokees recognized legitimate management. They were not only reorganizing their administration but also announcing to the American community that they were an independent country that could not be detached without their accord (Bolton., 1832).

The resistance by the Cherokee led to filing with the Supreme Court of the United States an act that was thought-provoking the components of Georgia's rules led by their leading principal John Ross. Instead, the court ruled that it had no right and power to foray down Georgia's rules. The Supreme Court immediately also discharged Rogers' contest with an argument that "a white fellow was a white fellow and no administrative affiliation could transform that." The Rogers view delivered the association amongst jurisprudence of Justice Marshall, with its comparatively strong knowledge of ethnic dominion and consequently inadequate knowledge of centralized authority, together with the existing principle that ethnic dominion is a theme to comprehensive rendering void of a contract by the centralized administration.

The giving away of the land would have inconvenienced the Native Americans as most of them would have remained homeless. The Supreme Court Decision was a well-thought knowledge and just in retaining the land to the Native Americans. Although the Court has in various occurrences ruled in a good turn of Native Americans, its tactic in the numerous cases it has decided that comprising them could on the odd occasion be termed as beneficial in the logic that term is utilized in the outline to this subject.

Conclusion

In conclusion, the United State Supreme Court made a just decision as Native Americans were to maintain their native land in as much several attempts were made to the acquisition of their land by other communities. It with the argumentations above that one can conclude that the decision made by the United State Supreme Court was a non-discriminative decision.

References

Anaya, S. J. (2000). The United States Supreme Court and indigenous peoples: Still a long way to go toward a therapeutic role. Seattle UL Rev., 24, 229.

Berger, B. R. (2003). Power over This Unfortunate Race: Race, Politics and Indian Law in United States v. Rogers. Wm. & Mary L. Rev., 45, 1957.

Bolton, D. V. Worcester v. Georgia (1832).

Kades, E. (2000). The Dark Side of Efficiency: Johnson v. M'Intosh and the Expropriation of American Indian Lands. University of Pennsylvania Law Review, 148(4), 1065-1190.

Olivas, M. A. (1989). The chronicles, my grandfather's stories, and immigration law: The slave traders chronicle as racial history. Louis ULJ, 34, 425.