What is the Supremacy Clause of the US Constitution? How did trade and the need for more land cause regional differences toward states’ rights, and how did this affect Native peoples? Who had jurisdiction over them? What were the pros and cons of states’ rights vs. federalism? United States supremacy clause in the constitution (Article 5, Clause 2) states that federal law and treaties made under the structure are the supreme law of the land.
Thus federal laws and state laws are bound by the structure. The constitution further states that whatever federal government and state government wish to partake they have to follow the constitution. A person should not ignore the priority of federal government which is underlying especially when the constitution itself expresses that authority. The need for more land to the federal government and state of Georgia drives them to go against the constitution. The federal government needs to grow more cotton in the native’s soil cause them to be forcefully evacuated. Trade of cotton in America is yielding good money for the government and getting more money, the Indians land is the best place to plant more cotton. (Conley and Robert, 2014)
President Jackson pushes Congress to pass removal act bill, which forces Cherokees out of the United States to settle in the west of Mississippi River in Indian Territory. Some Indians signed migration treaty granting the federal government authority to assist migrate to India territory. Americans hunt India on their journey imprison them, rape and murder others. The Supreme Court has the jurisdiction to order Indians to vacate the United States and move back to India territory. Advantages- federalism is local autonomy of greater degree while the states try different policies and copy the successful system from other countries. Federalism gives an opportunity for a citizen to participate while the state makes a decision close to people affected. In federalism, there are contractions of power regarding more checks and balances while the country is more responsive to the wish of people governed. Disadvantages are a different level of government legal dispute increase and increase the complexity of government that comes up with duplication and inefficiency.
Before the American Revolution, Thomas Jefferson had believed that Native people were capable of integration into the American system if they adopted white culture. Several decades later, however, Andrew Jackson leaned towards removal of Indian peoples. What forces caused a shift in attitude and federal government policy toward the Native Americans? What role did the invention of the cotton gin play? Native Americans are peaceful people who assimilate Americans culture. At first the president during his inauguration in 1829, where he empathizes on the need to pay attention to an Indian tribe in the united states giving them the humane liberal policy and consider their right which is the will of people and the government at large (Coates and Julia, 2014 ). President Jackson after a few months the inauguration address statements he changed to pushing a bill for native migration which surprises many people. Jackson statement meaning is that to get Indians away from white settlers and local authority thus no mistreatment. Indians work on white men farms of cotton fields. The land cultivated by Indians belongs to their ancestors for many past centuries. Cotton gin invention in America makes the removal of seeds from the cotton bolls. More cotton is planted and also become easy to grow by the farmers.
How did the concept of land ownership differ on Cherokee land from white settlers’ farms? The idea of property has no much meaning to Cherokees as some of them willingly signs the treaty to relocate. To the white man, the land is everything as they grow cotton and source more space to cultivate.
Why was it more difficult for Native Americans to move from their traditional homelands than for many other Americans who regularly moved west looking for opportunity? Did the Cherokees have any particular or specialties with their homes that discouraged their removal? What were these ties? The land that belongs to the Indians is where they have been brought up. Cherokees land is inherited from their ancestors for many past centuries. It is difficult for Native American to live because this is their home and India to them is a strange land. Leaving America means abandoning their ancestors and forgetting the history of their origin. Cherokees are afraid of a new settlement as they don’t know what they are going to find. Despite Cherokees being foreigners, they have right like everyone else in the country, and they believe those rights should be respected. Indians earn a good living from the white man’s farm payment as they did not complain. (Coates and Julia, 2014)
The removal of Cherokees from their eastern homelands led to the “Trail of Tears” and numerous deaths and much suffering for the Cherokee people. Who was at fault for this misery? Did the government intend for the Cherokees to suffer on their trek or was it a matter of government inefficiency and lack of care? President Jackson is to blame for many deaths of Cherokee. Cherokee people do their best and try to adopt the Americans culture to get along well. The state wants their land despite living in peace and harmony with the Americans. Supreme Court rules that removal of Cherokee from their area is unconstitutional, but despite that, the state of Georgia and the president proceed ahead to remove Indians from their land forcefully. Cherokee is forced to match on a heavy winter with no food, medicine or water resulting too many deaths as a result of starvation and diseases. The Cherokee are confined in the land of Oklahoma. (Conley and Robert, 2014)
Coates, Julia. Trail of tears. John Wiley & Sons, Ltd, 2014.
Conley, Robert J. Mountain Windsong: A Novel of the Trail of Tears. University of Oklahoma Press, 2014.