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Book Review
Canada and the United States
| Jill Norgren. The Cherokee Cases: Two Landmark Federal Decisions in the Fight for Sovereignty. Norman: University of Oklahoma Press. 2004. Pp. x, 212. $21.95.
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| In 1829, Cherokee leaders decided to seek the help of the federal judiciary in their effort to defeat Georgia's campaign to absorb much of the Cherokee homeland. The resulting Supreme Court cases—Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832)—formed a crucial part of the foundation of American Indian law. Jill Norgren describes the context for the Cherokees' legal challenge and examines Chief Justice John Marshall's famous opinions. She describes the essential ambiguity of the Court's rulings on the subject of Indian rights, ambiguity that today still hinders the work of Native Americans seeking to strengthen tribal sovereignty. |
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There are many accounts of Cherokee removal, but most use the Supreme Court cases primarily to demonstrate the villainy of Georgia and the Jackson administration. Norgren does much more than that. She offers succinct descriptions of the legal doctrines available to the Court in the Cherokee cases and clear explanations of Marshall's opinions. She also places the legal material within the context of Jacksonian politics and the development of the Cherokee republic. The result is a highly useful guide to the early history of United States Indian law. |
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