The idea of defiance of the Supreme Court is one that seems remote in the minds of many, although the court is certainly unpopular among liberals right now, an outright defiance of any one decision still seems remote. The closest that a president came to defying the Supreme Court as far as my memory goes was if the Supreme Court had ruled against FDR in the Gold Clause Cases in 1935. They ruled for the Administration 5-4, but Roosevelt had every intention to defy the court if they ruled otherwise, and the Supreme Court had ruled against numerous New Deal laws without FDR defying their verdicts. Andrew Jackson and the state of Georgia, however, did in 1832.

Samuel A. Worcester

One of President Jackson’s priorities, which really appealed to the South at the time, was moving the five civilized tribes out of their ancestral lands to make room for settlers to farm. Although popular in the South, the issue was highly controversial, and the Whig Party was opposed. The vote in the House was exceptionally close at 102 to 97. In the meantime, the tribes had a number of white sympathizers, which included missionaries. One of these missionaries was Samuel A. Worcester, who was helping the Cherokee, and Georgia’s state government didn’t appreciate their efforts. The state in response passed a law that prohibited whites from living in tribal land unless they got a special license from Georgia’s governor and swore an oath to the state. Worcester and his fellow missionaries were subsequently arrested, convicted, and imprisoned. He appealed his imprisonment to the Supreme Court, and in 1832 they ruled 5-1 in Worcester v. Georgia that Georgia had no authority to make laws regarding Cherokee land, and that treating tribal land as separate nations was consistent with the history of treaties by the United States with the tribes. Chief Justice Marshall wrote the opinion of the court, holding that “the nations had always been considered as distinct, independent political communities, retaining their original natural rights as the undisputed possessors of the soil” (31 U.S. 515) Marshall conceded that the Cherokee had surrendered some sovereignty with treaties, that this was not sufficient for enacting such a law.

John Marshall

That was all well and good, except who was going to enforce it? Georgia refused to comply, and President Jackson refused to enforce the ruling. Although Jackson is famously reputed to have said to Brigadier General John Coffee, “John Marshall has made his decision; now let him enforce it”, what he actually said was, “The decision of the supreme court has fell still born, and they find that it cannot coerce Georgia to yield to its mandate” (Garrison). Not as defiant, memorable, or smooth, right? After intense public pressure and criticism, the missionaries were pardoned the following year, and Indian removal would proceed in the coming years in what was infamously known as the Trail of Tears. That subject undoubtedly warrants a separate post.  Andrew Jackson would have greater appreciation of the Supreme Court, however, when it came to the Nullification Crisis, another subject that warrants a separate post in which South Carolina nullified two tariff laws as it found them unconstitutional, and Jackson proclaimed that South Carolina had no authority to determine constitutionality of federal legislation and that the Supreme Court had the ultimate authority on constitutionality (Rosen). The full stories of the Trail of Tears and nullification will be written about at a later date. Overall, it would be quite foreign and scandalous to us if a Supreme Court decision was actively defied and the White House would not enforce the ruling, indeed it would produce a Constitutional crisis. However, Worcester was not in vain and remains good law, thus it has served as a precedent for numerous Indian rights cases.

References

Garrison, T.A. (2004, April 27). Worcester v. Georgia. New Georgia Encyclopedia.

Retrieved from

https://www.georgiaencyclopedia.org/articles/government-politics/worcester-v-georgia-1832/

Rosen, J. (2006, December). The Supreme Court – The First Hundred Years. PBS 13.

Retrieved from

https://www.thirteen.org/wnet/supremecourt/antebellum/history2.html

Worcester v. Georgia. Encyclopedia Britannica.

Retrieved from

https://www.britannica.com/topic/Worcester-v-Georgia

Worcester v. Georgia, 31 U.S. 515 (1832). Justia.

Retrieved from

https://supreme.justia.com/cases/federal/us/31/515/