Sovereignty on Trial (Paperback)
Language: English
Published by University Press of Kansas, Kansas, 2026
Series: Book 85 of 86 - Landmark Law Cases and American Society
- Softcover
- New
Seller: Grand Eagle Retail, Bensenville, IL, U.S.A.Grand Eagle Retail
AbeBooks seller since October 12, 2005
Condition: New
£ 34.27
Quantity: 1 available
Add to basketItem description from seller
Paperback. The story of the legal battle between the Cherokee Nation and the State of Georgia that ultimately led to the infamous Trail of Tears and the ongoing struggles for Native sovereignty. Sovereignty on Trial tells the story of a trio of landmark United States Supreme Court casesJohnson v. MIntosh (1823), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832)that considered the legal status of Native nations in the early nineteenth century. Known as the Marshall Trilogymajority opinions all written by Chief Justice John Marshallthe decisions are inconsistent in their holdings and reasoning, leaving American Indian law and interpretations of Native sovereignty confusing and ambiguous. In MIntosh, Marshall used the imperial doctrine of discovery to diminish the property rights and autonomy of the Native nations. Subsequent interpretations of Marshalls opinion in Cherokee Nation, with its guardian and ward analogy, ultimately placed Native people in a dependent status with the United States. At the end of his judicial career, however, Marshall came to view Native rights in a different light, and his opinion in Worcester was a powerful acclamation of Native political sovereignty and territorial rights. Courts have tried with little success to find a coherent line through the three rulings. The two Georgia cases resulted from the states efforts to extend its jurisdiction over the Cherokee Nation and annihilate its government. These cases were decided against the backdrop of the Indian Removal Act of 1830. When President Andrew Jackson and Congress failed to enforce Worcester, Georgia interned and forcibly removed the Cherokee in the now infamous tragedy known as the Trail of Tears. Tim Alan Garrison places this trio of cases in their broader legal and historical context. Significantly, Garrison explains why Georgia sought to expel the Cherokees from their homeland, how these attacks on native sovereignty tore apart Cherokee national unity, and how the changes in Cherokee political culture determined their strategy in resisting the states onslaught. The Cherokee resistance against Georgia was a remarkable example of national courage for the Indigenous peoples of the world, and their determination to fight oppression through the judicial system of the United States left a lasting impact on American Indian law. The Cherokee Cases tells an important, if disturbing, story whose reverberations are felt to the present day. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.…
Seller Inventory # 9780700641390
- Title
- Sovereignty on Trial (Paperback)
- Author
- Tim Alan Garrison
- Publisher
- University Press of Kansas, Kansas
- Publication year
- 2026
- Condition
- new
- Binding
- Paperback
- Language
- English
- ISBN 10
- 0700641394
- ISBN 13
- 9780700641390
- Series
- Book 85 of 86: Landmark Law Cases and American Society
The story of the legal battle between the Cherokee Nation and the State of Georgia that ultimately led to the infamous Trail of Tears and the ongoing struggles for Native sovereignty.
Sovereignty on Trial tells the story of a trio of landmark United States Supreme Court cases—Johnson v. M’Intosh (1823), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832)—that considered the legal status of Native nations in the early nineteenth century.
Known as the Marshall Trilogy—majority opinions all written by Chief Justice John Marshall—the decisions are inconsistent in their holdings and reasoning, leaving American Indian law and interpretations of Native sovereignty confusing and ambiguous. In M’Intosh, Marshall used the imperial doctrine of discovery to diminish the property rights and autonomy of the Native nations. Subsequent interpretations of Marshall’s opinion in Cherokee Nation, with its “guardian and ward” analogy, ultimately placed Native people in a dependent status with the United States. At the end of his judicial career, however, Marshall came to view Native rights in a different light, and his opinion in Worcester was a powerful acclamation of Native political sovereignty and territorial rights. Courts have tried with little success to find a coherent line through the three rulings.
The two Georgia cases resulted from the state’s efforts to extend its jurisdiction over the Cherokee Nation and annihilate its government. These cases were decided against the backdrop of the Indian Removal Act of 1830. When President Andrew Jackson and Congress failed to enforce Worcester, Georgia interned and forcibly removed the Cherokee in the now infamous tragedy known as the Trail of Tears.
Tim Alan Garrison places this trio of cases in their broader legal and historical context. Significantly, Garrison explains why Georgia sought to expel the Cherokees from their homeland, how these attacks on native sovereignty tore apart Cherokee national unity, and how the changes in Cherokee political culture determined their strategy in resisting the state’s onslaught. The Cherokee resistance against Georgia was a remarkable example of national courage for the Indigenous peoples of the world, and their determination to fight oppression through the judicial system of the United States left a lasting impact on American Indian law. The Cherokee Cases tells an important, if disturbing, story whose reverberations are felt to the present day.
"Synopsis" may belong to another edition of this title.
About the Author
"About the title" may belong to another edition of this title.
Grand Eagle Retail
Bensenville, IL, U.S.A.
AbeBooks seller since October 12, 2005
Shipping rates within U.S.A.
| Item | 6 to 14 business days | 6 to 16 business days |
|---|---|---|
| First item | £ 0.00 | £ 0.00 |
Payment methods
Seller's business information
APOLLO ONLINE CORP.
605 Geddes Street
Wilmington, DE U.S.A. 19805
Terms of sale
We guarantee the condition of every book as it¿s described on the Abebooks web sites. If you¿ve changed
your mind about a book that you¿ve ordered, please use the Ask bookseller a question link to contact us
and we¿ll respond within 2 business days.
Books ship from California and Michigan.
Right of withdrawal
If you are a consumer you can withdraw from the contract in accordance with the following. Consumer means any natural person who is acting for purposes which are outside his trade, business, craft or profession.
Information regarding the right of withdrawal
Statutory right to withdraw
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good or the last lot or piece.
To exercise the right of withdrawal, electronically fill in and submit a clear statement on our website, under "My Purchases" in "My Account". We will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to Grand Eagle Retail, Bensenville, Illinois, U.S.A., without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to:
- The delivery of newspapers, journals or magazines with the exception of subscription contracts; and
- The supply of digital content which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not withdraw once delivery had started.
Shipping terms
Orders usually ship within 2 business days. All books within the US ship free of charge. Delivery is 4-14 business days anywhere in the United States.
Books ship from California and Michigan.
If your book order is heavy or oversized, we may contact you to let you know extra shipping is required.