Question

According to the supreme court why is the indian removal act unconstitutional

Answer 1

The Indian Removal Act of 1830 was deemed unconstitutional because white settlers had revoked the constitution of the Cherokee nation in Georgia, stating that Native Americans were subject to Georgia's state laws, not their own.

The Cherokee nation argued that they were an independent, or sovereign nation, so they were not subject to the laws of the state of Georgia. The Supreme Court agreed, saying that Georgia had no authority over the Cherokee people, who were a sovereign nation. The Cherokee people could only be subject to the authority of the federal government, not state or local.

Even though the Indian Removal Act was deemed unconstitutional, President Jackson disagreed and continued the policy of relocating tribes, stating that they were voluntary. History has shown that, in fact, there were forced removals under this act.