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With reference to the Cherokee Nation in Northern GA during the years preceeding the Trail of Tears. The Supreme Court ruled that Cherokees did not have to follow Georgia law- this has to be backed up in the constitution somewhere! Where in the constitution does it state this?

2007-11-26 12:26:37 · 2 answers · asked by Juju 2 in Politics & Government Law & Ethics

2 answers

Reread the Constitution begining: "We the People, in order to form a more perfect Union, are endowed with the unalienable right to Life, Liberty, and the Pursuit of Happiness......). When the Federal government allowed the Native Americans to establish Nations, the tribes were scattered throughout many States. Therefore, Nations do exist with their own laws, police, etc. within some States.

2007-11-26 12:42:56 · answer #1 · answered by rnwallace07 7 · 0 0

Indian tribes have their own courts and they have sovereign immunity in our court systems.

And it is in the United States Code. Here is the statute:
Indian Civil Rights Act of 1968 (25 U.S.C. §§ 1301-03)

2007-11-26 12:29:46 · answer #2 · answered by Eisbär 7 · 0 0

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