Cherokee Nation V. Georgia Case Study

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Pages: 2
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David Maldonado
913643359
September 14th, 2014
Response III The majority of Indian Law is heavily affected by the federal government’s and Tribes’ relationship to each other. Where this relationship lies is unknown as there is a “mixture of legal duties, moral obligations, understanding and expectancies” (Pg. 35) within the history between the federal government and tribes. Here, there is a trustee and a beneficiary with the trustee being the United States who carries the burden of having the responsibility enforced by their decisions. In some choices, it’s important to distinguish if the issue is more of a question of morals or if it’s something that must be done and enforced as it’s necessary to do so. When it comes to deciding on how much a responsibility needs to be enforced is based on the involved government branch and the nature of the matter at hand. …show more content…
At the time it seemed that the only intention for this was to avoid and prevent current and future conflicts with the Indian Tribes. But from there, this relationship did build up over time. The starting point that gave support to form a trust relationship began in the Cherokee Nation v. Georgia case with John Marshall’s choice in that case. His words “Meanwhile, they are in a state of pupilage; their relation to the United States resembles that of a ward to his guardian.” (Pg. 38) This was the point where the relationship would begin changing as issues arose and as time passed by such as the Congress Major Crimes Act (Pg.
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