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The Marshall Trilogy

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The Marshall Trilogy
John Marshall was fourth Chief Justice in Supreme Court and accredited as being the most influential man in the development of the United States legal system and federal Indian law. The Marshall Court made three significant decisions that directly balanced the power of the Federal Laws and Indian Federal Law. Amongst these resolutions are the three cases that form the simple outline of federal Indian law in the United States, this has been referred to as the ‘Marshall Trilogy.’
1. Johnson vs. M’Intosh (1823)
The situation involved a man named Thomas Johnson who purchased land from the Piankeshaw Indians and William M’Intosh who later attained a patent to the same land from the United States Patent Office. Marshalls Court was asked to settle the argument between the two men and agreed with William M’Intosh. Marshall stated that the Piankeshaw Indians did not actually own the land out-and-out, but that they had right to inhabit the land. Marshall determined that Native Americans could not sell or trade land to individuals and states do not have legal standing to settle indigenous land titles.
2. Cherokee Nation vs. Georgia (1831)
Honorable Cherokee Chief John Ross tried to defend Cherokee plots, contest relocation, and prevent the State of Georgia from imposing on them by requesting for an injunction in the
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In the State of Georgia, it was against the State law to preach without a license. Mr. Worcester was arrested and confined in jail were he sued the State of Georgia appealing that Georgia did not have power to inforce activity on Tribal lands. Marshalls Court agreed with Mr. Worcester affirming that the Cherokee Nation is a distinctive community on its own territory and that Georgia could inforce this State law. Again, this decision recognized that the United States Government, not the states have authority over tribes with inherent

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