How much power does the Supreme court really have?

          In the 1830s the Cherokee Indians used the U.S. Legal system to assert their treaty rights and seek protection from the encroachment of the Georgia state government. In Cherokee nation v. Georgia, and Worcester v. Georgia, the U.S. Supreme Court wrestled with the issue of Indian tribal sovereignty. In Cherokee nation, the Cherokee contended that they were a foreign state and therefore could sue the state of Georgia in Federal Court under diversity jurisdiction. Chief Justice John Marshall ruled that Federal Courts had no jurisdiction over such a case because Indian tribes were merely "domestic dependent nations" existing "in a state of pupilage. Their relationship to the United States was only that of a ward to his guardian." The decision started the premise that Indian nations do not possess all of the attributes of sovereignty that the word nation normally implies.

The case of Worcester v. Georgia arose when Samuel A. Worcester was indicted by the state of Georgia for within the limits of the Cherokee Nation without a license. Worcester appealed to the Supreme Court arguing that Georgia had no jurisdiction to over the Cherokee Nation. He explained that under the Constitution, Congress has the power to regulate commerce within the Indian tribes and that did not give Georgia a right to indict him. Worcester contended that the Federal Government had exclusive jurisdiction over the establishment and regulation of intercourse between the Indians. He stated that no state could interfere with these agreements because they were in the Constitution thus making them the Supreme law of the Land.

John Marshall agreed with Worcester’s arguments and ruled that the Cherokee Nation was a community occupying its own territory and they had the right to decide whether citizens of Georgia could enter their territory. President Andrew Jackson did not agree with Marshall’s ruling stating, “John Marshall has made his decision. Now let him enforce it.” Jackson made no effort to enforce the law passed by the Supreme Court instead used his power to make sure that the Cherokee leaders signed the removal treaty in order to remove the Cherokee nation from Georgia. In this case, the system of Checks and Balances did not work because, the Executive Branch checked the power of the Judicial branch by not enforcing a law that was passed therefore making that law useless.

This case lead to a huge political impact because it was the first time that the Executive branch refused to do its job of reinforcing the law passed by the Supreme Court. Therefore making the law useless since there was a law but nobody to enforce it. Also this case stated the limited power states had on a sovereign nation establishing the foundation of the principle of tribal sovereignty in the twentieth century.