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Does the state of Georgia have the authority to regulate the intercourse between citizens of its state and members of the Cherokee Nation?

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Final answer:

Georgia does not have the authority to regulate interactions between its citizens and the Cherokee Nation, as established by the Worcester v. Georgia (1832) Supreme Court case, which recognized the Cherokee Nation's sovereignty within its territories.

Step-by-step explanation:

The state of Georgia does not have the authority to regulate the intercourse between citizens of its state and members of the Cherokee Nation. This principle was established in the landmark Supreme Court case Worcester v. Georgia (1832), where the Court ruled that only the national government had the authority over Indian affairs, thus rendering the acts of Georgia to extend its laws over Cherokee lands as void.

The case was a turning point after an earlier decision in Cherokee Nation v. Georgia (1831), which determined that the Cherokee Nation was a "domestic dependent nation" and not a foreign nation, and therefore not subject to the jurisdiction of the Supreme Court.

However, in the subsequent case involving a U.S. citizen, Samuel Worcester, the Court could exercise jurisdiction, leading to a ruling that upheld the sovereignty of the Cherokee Nation within its own territories. These rulings suggest that Georgia's extension of state laws onto Cherokee land, such as those passed following the discovery of gold in 1827 and the creation of the Georgia Guard, were unconstitutional.

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