Why Did the Constitution Not Protect the Cherokee People? Essay Example

Introduction

The Trail of Tears should not happen because an entire way of life was destroyed without any thoughts to the immoral and unconstitutional acts. The United States National government should not have forcefully removed the Cherokee nation them from their homeland in 1838 and 1838. The United States National government wrongfully split apart a sophisticated people who believed in the tradition of living together in common law that was harmonious fashion for centuries. This vicious forceful move that took many lives of the Cherokee people as they were herded like sheep into concentration camps. This begin the Trail of Tears as they were forced to walk and ride 2200 miles of land and sea routes from the East to the Midwest. The reported actual eyewitnesses of the Trail of Tears journey indicated it was almost 4000 people that died on that journey which is 1/3 of the population perished during the 2200 mile journey. The deaths were inhumane from starvation, exposure to the cold weather, and losing their history with the oldest and youngest members dying before they reached the Midwest. The reasoning for moving the Cherokee Indians to the Midwest was a poor excuse that they would not be able to adapt to the new United States National government. This was untrue because they had already acclimated by creating their own language written and spoken, high literacy rates than all four surrounding states and they started their own newspaper. There were capable of adapting and living in the new United States.

Answer to the questions: Why did the Constitution not protect the Cherokee people?

The United States National government were pressured by the people of Georgia to move the Cherokee Indians out of their native land without recognizing their constitutional rights and total dismissing any claims to land. This would be reason (1) the United States National government did not protect the Cherokee Indians because the Georgia citizens wanted the land that the Cherokee legally owned. The United States National government committed an unconstitutional act by ignoring the Cherokee sovereignty rights.

In 1832, the Cherokee Indians took the unconstitutional acts by Georgia to take their land was agreed by the Supreme Courts that the state of Georgia was wrong. The Supreme Court John Marshall found and agreed that the state of Georgia had to legal, respect and abide by the rights of the Cherokee Indian sovereignty. The is reason (2) why the United States National government did not protect the Cherokee people because  President Andrew Jackson refused to execute the order that would have given the Cherokee people back their lands.  This is one the reasons the Cherokee did not get their land back because the executive branch ignored the judicial branch of the United States National government of America.

This is reason (3) why the United States National government did not protect the Cherokee people because they allowed The Treaty of New Echota to be signed illegal and entering into an agreement with about 30 Cherokee Indians that did not have the authority nor were they elected officials that make a decision for the entire Cherokee race. The treaty was invalid and should have not been honored because everyone one in the Cherokee nation and the United States National government knew it was invalid.

The reason number (4) why the United States National government failed to help the Cherokee people was the next President of the United States National government at that time was Van Buren Administration. He also contributed to the Trail of Tears because he too ignored the Supreme Court decision that the Cherokee people had the right to the land and should not move to the Mid-West.