Justin Bui Period 7 1) What argument is Worcester making? a.

He renounced the law prohibiting the passage of any white person onto Cherokee Nation Territory without the permission of the state. He opposed the law that all white people living amongst the Natives had to apply for a residence permit and swear an oath to the state of Georgia. 2) What is Worcester's legal rationale? a. The Cherokee are a nation, so thus they have the sovereign right to determine who could and could not live in their nation. Furthermore, he believed that missionary and religious work should not be impeded by politics. He also believed that the arrest of the missionaries by the state of Georgia went against the supremacy clause. 3) What is Marshall decision? What's his rationale? a. He sided against Georgia. The missionaries were American citizens, so thus they could appeal and be heard by the Supreme Court. He also restated the Supreme Court ability of judicial review over Congress. He stated that the laws passed by Georgia against the Cherokees had impeded upon the rights of the Cherokee Republic, and declared said laws unconstitutional. He also decreed that the missionaries should be freed because they were imprisoned due to unconstitutional laws. 4) What are the implications of Marshall's decision? a. Native Americans were the undisputed possessors of the land, had natural rights, and independent political communities. He also brought up past treaties which had guaranteed the Cherokees land on past occasions, and the federal government had to protect these sovereign rights. It changed the definition of domestic dependent nations, and gave the Native Americans more rights, in theory. However, it was not well executed, and the Cherokees would eventually be removed from their land.