http://www.oyez.org/cases/1792-1850/1832/ U.S. Supreme Court Decisions, presented by The Oyez Project (www.oyez.org) en-us <p>Does the state of Georgia have the authority to regulate the intercourse between citizens of its state and members of the Cherokee Nation?</p><p>No. In an opinion delivered by Chief Justice John Marshall, the Court held that the Georgia act, under which Worcester was prosecuted, violated the Constitution, treaties, and laws of the United States. Noting that the "treaties and laws of the United States contemplate the Indian territory as completely separated from that of the states; and provide that all intercourse with them shall be carried on exclusively by the government of the union," Chief Justice Marshall argued, "The Cherokee nation, then, is a distinct community occupying its own territory in which the laws of Georgia can have no force. The whole intercourse between the United States and this nation, is, by our constitution and laws, vested in the government of the United States." The Georgia act thus interfered with the federal government's authority and was unconstitutional. Justice Henry Baldwin dissented for procedural reasons and on the merits.</p> http://www.oyez.org/cases/1792-1850/1832/1832_0/