Cherokee Nation v. Georgia The Case and Its Impact

Cherokee Nation v. Georgia (1831) asked the Supreme Court to determine whether a state may impose its laws on Native Americans and their territory. In the late 1820s, the Georgia legislature passed laws designed to force the Cherokee people off their historic land. The Supreme Court refused to rule on whether the Georgia state laws were applicable to the Cherokee people. Instead, the Court ruled that it did not have jurisdiction over the case because the Cherokee Nation, was a â€Å"domestic dependent nation† instead of a â€Å"foreign state. Fast Facts: Cherokee Nation v. Georgia Case Argued: 1831Decision Issued: March 5, 1831Petitioner: The Cherokee NationRespondent: The state of GeorgiaKey Questions: Does the Supreme Court have jurisdiction to grant an injunction against Georgia laws that would harm the Cherokee people under Article III of the U.S. Constitution, which gives the Court jurisdiction over cases between a State or the citizens thereof, and foreign states, citizens, or subjects? Do the Cherokee people constitute a foreign state?Majority Decision: Justices Marshall, Johnson, BaldwinDissenting: Justices Thompson, StoryRuling: The Supreme Court ruled that it did not have jurisdiction to hear the case because the Cherokee Nation is not a foreign State but rather a domestic foreign state, as defined by Article III of the Constitution. Facts of the Case In 1802, the U.S. federal government promised Cherokee lands to Georgian settlers. The Cherokee people had historically occupied the lands in Georgia and been promised ownership through a series of treaties, including the Treaty of Holston in 1791. Between 1802 and 1828, land-hungry settlers and politicians attempted to negotiate with the Cherokee people in order to claim the land for themselves. In 1828, tired of resistance and emboldened by the election of Andrew Jackson (a president in favor of removal of the Native Americans), members of the Georgia state legislature passed a series of laws meant to strip the Cherokee people of their rights to the land. In defense of the Cherokee people, Chief John Ross and attorney William Wirt asked the court to grant an injunction to prevent the laws from going into effect. Constitutional Issues Does the Supreme Court have jurisdiction? Should the Court grant an injunction against laws that would harm the Cherokee people? The Arguments William Wirt focused on establishing the court’s jurisdiction. He explained that Congress recognized the Cherokee Nation as a state in the commerce clause of the third article of the U.S. Constitution, which gives Congress the power to â€Å"regulate commerce with foreign nations, and among the several States, and with the Indian tribes. Wirt argued that the Court had jurisdiction over the case because the government had previously recognized the Cherokee Nation as a foreign state in treaties. Attorneys on behalf of Georgia argued that the state had a right to the land based on its 1802 agreement with the federal government. Additionally, the Cherokee Nation could not be considered a state because it was not a sovereign nation with a constitution and a distinct governing system. Majority Opinion Article III of the U.S. Constitution gives the Court jurisdiction over cases between a State or the citizens thereof, and foreign states, citizens, or subjects. Before making a ruling on the merit of the case, the Court needed to establish jurisdiction. In the majority opinion, it answered three questions to address this issue. 1.  Ã‚  Ã‚  Ã‚  Is the Cherokee nation considered a state? The Court found that the Cherokee Nation was a state in the sense that it was a â€Å"political society, separated from others, capable of managing its own affairs and governing itself.† Treaties and laws governing the relationship between the U.S. and the Cherokee Nation supported this conclusion. However, the Court ruled that it was not a state in the same way that Georgia was because it was not part of the Union. 2. Is the Cherokee Nation a foreign state? According to the majority opinion, the Cherokee Nations complex relationship with the U.S. meant it did not legally qualify as a foreign state. Justice Marshall wrote in the majority opinion: â€Å"They look to our government for protection; rely upon its kindness and its power; appeal to it for relief to their wants; and address the President as their Great Father. They and their country are considered by foreign nations, as well as by ourselves, as being so completely under the sovereignty and dominion of the United States that any attempt to acquire their lands, or to form a political connexion with them, would be considered by all as an invasion of our territory and an act of hostility.† The Court needed to establish that the Cherokee Nation was either a U.S. state or foreign state to have jurisdiction over the case. Instead, the Court ruled that the Cherokee Nation was a domestic, dependent nation. This term meant that the Court did not have jurisdiction and could not evaluate the Cherokee Nations case. 3.  Ã‚  Ã‚  Ã‚  Regardless of jurisdiction, should the Supreme Court grant an injunction? No. The Supreme Court ruled that even if it did have jurisdiction, it still should not grant an injunction. According to the majority opinion, the Court would overstep its judicial authority if it prevented the Georgia legislature from enacting its laws. Justice Marshall wrote: â€Å"The bill requires us to control the Legislature of Georgia, and to restrain the exertion of its physical force.  It savours too much of the exercise of political power to be within the proper province of the judicial department.† Dissenting Opinion Justice Smith Thompson dissented, arguing that the Supreme Court did have jurisdiction over the case. The Cherokee Nation should be considered a foreign state, according to Justice Thompson, because the government had always dealt with the Cherokee Nation as a foreign state when entering into treaties. Justice Thompson did not agree with the Court’s interpretation of the commerce clause as excluding the Native Americans from foreign statehood. He argued that the way the Cherokee Nation was treated by Congress when signing treaties was more relevant than analyzing word choice in the Constitution. Justice Thompson also wrote that the Supreme Court should grant an injunction. â€Å"The laws of the State of Georgia in this case go as fully to the total destruction of the complainants rights†¦,† Justice Thompson wrote, making judicial remedy the best option. Justice Joseph Story joined him in the dissent. The Impact The Supreme Court’s refusal to acknowledge jurisdiction in Cherokee Nation v. Georgia meant that the Cherokee Nation did not have legal recourse against Georgia laws that sought to force them off their land. The Cherokee Nation did not give up and attempted to sue again in Worcester v. Georgia (1832). This time, the Court found in favor of the Cherokee people. According to the Supreme Court in Worcester v. Georgia, the Cherokee nation was a foreign state and could not be subject to Georgia laws. President Andrew Jackson, who had pushed Congress to approve the Indian Removal Act in 1830, ignored the ruling and sent in the National Guard. The Cherokee people were forced to move from their lands to a designated area west of the Mississippi on a brutal journey that would later become known as the Trail of Tears. It is unknown exactly how many Cherokees died on the trail, but estimates place the number at between three and four thousand. Sources â€Å"A Brief History of the Trail of Tears.†Ã‚  Cherokee Nation, www.cherokee.org/About-The-Nation/History/Trail-of-Tears/A-Brief-History-of-the-Trail-of-Tears.Cherokee Nation v. Georgia, 30 U.S. 1 (1831).Cherokee Nation v. Georgia 1831.  Supreme Court Drama: Cases That Changed America. Encyclopedia.com.  22 Aug. 2018. https://www.encyclopedia.com/law/legal-and-political-magazines/cherokee-nation-v-georgia-1831.â€Å"Indian Treaties and the Removal Act of 1830.†Ã‚  U.S. Department of State, U.S. Department of State, history.state.gov/milestones/1830-1860/indian-treaties.

Favorite Scenes from the Color Purple - 1074 Words

What would it be like to live in a world where you don’t have any say in what goes on in your own life? While The Color Purple doesn’t ask think question directly it really causes its viewers to begin to wonder what it would have been like to live in the world that Alice Walker creates with her novel. In this story the main character is Celie. She is a black woman who never has had a choice in her life. From a young age her father abused her and then sent her off to marry a man who he did not know at all. Her father also got her pregnant two times and both times her forced her to give away her children. Mister was just as abusive as her father had been to her and she was still never given a choice. This begins to change as she meets people†¦show more content†¦After watching this many people wonder why she didn’t just politely say no. But this was just not in Sofia’s nature. The woman who had offered her a job wasn’t really offering a job. This is also why I think that hell no was a very appropriate response. The only part of the response to me that wasn’t smart was the punching because it was that in the end that caused her to have to be separated from her children. I think that this novel also tries to teach people to be able to control their anger no matter what because when you let it get the best of you r whole life can be affected because of it. Being able to keep your cool in certain situations is something that would be very tough when faced with many of the situations that appear in this story because they address issues that go so deep. This is my favorite scene because it shows the strength of Sofia. The best scene in The Color Purple is when Celie stands up for herself and leaves Mister. At the first holiday dinner that Sofia is able to come back for after working for Miss Millie Celie decides to break the news. She is going to go to Memphis with Shug. 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Insight Into Liberal Arts Education in Business Schools Essay Example For Students

Insight Into Liberal Arts Education in Business Schools Essay Liberal arts is best defined as an the collegiate education comprising of knowledge in the fields of arts, natural sciences, social sciences, and humanities (Hall, 1968). Numerous scholars and researchers have reviewed the effects this education has on the outcome of business students majoring in all fields of study trot accounting, economics, marketing, to management and have Dunn a surprisingly common rationale: liberal arts has a positive inapt on the education of business students in all fields. The debate lies, however, in the implementation of the liberal art education as it relates to the fields of business. There have been studies that suggest that the best form of implementation is to integrate liberal arts education directly into the course material while other scholars and researchers have argued that a more separated approach should be taken in order to achieve the most beneficial result. Despite the amount of research conducted, however, there is seemingly no end to the flow of research conducted. This literature review will examine the historical background with regards to the topic to hopefully shed light into the debate. As the historical view Of the debate wows, a great deal of change has occurred in the last 75 years as to the focus of education in business schools across the nation. Whether it be the inflow Of Gigs from World War II or the literary influences of New York Times Bestselling books, education and the implementation and removal of the liberal arts structure has undergone significant changes. This literary review will also look into the debate of whether to bridge practical and liberal arts courses or to replace the courses all together with courses designed to teach both ideas mutually. Another debate will be discussed guarding the amount to which theories, whether managerial, behavioral, or organizational theories should be or need to be discussed in light of the liberal arts integration. We Will examine the current trends Of liberal arts integration into the field of business taught in higher education as well as point out predictions as to how the future looks for the research Of liberal arts integration. Finally, we will conclude by summarizing the findings of this literature review and point out areas for further research as well as shed light on the solutions for conducting research in the future. A Historical View A historical view of the debate between a liberal arts view and a practicality based education points out an uprising in the argument during the asses as Gigs were found to be flooding college classrooms in an attempt to fulfill their GIG Bill (Performable, 1993). Gigs were not interested in a theoretical based view of business education, as they were more interested in landing entry-level jobs were practicality was the focus, This push of colleges to adopt the practicality based education model led the Ford Foundation to conduct a study looking into the effectiveness of this change (Clansman, Saddle, Heckler, 1998). In the asses, the Ford Foundation, after much research and deliberation, concluded that a return to a greater liberal arts focus was needed (1998). Although the research concluded that the education programs in the field of business needed a greater focus on the liberal arts, professors, institutions, and students alike tended to be comfortable with the practical education that had slowly been adopted. While there was a strong correlation bet,even the benefited success of students and a strong liberal arts education, colleges were being flooded With students and professors were settling into the comfort Of an easier curriculum (Jones, 1986). The thoughts and writings of scholars and theorists on the future, such as Midriffs writing (1987) discussing the corporate environment and rethinking the focus and direction of the environment of the times or Insanitys book (1982) discussing individualisms effects on the future of global development, changed the perspective of educators worldwide. After these writings, the educational field began to see a need to review the effectiveness of their liberal arts programs. This was coupled with an increasing concern into the communication ND critical thinking skills of business graduates (Porter Mimicking, 1988). This resurgence, since the release tot the Ford Foundation in the sasss study, in into the topic of liberal arts was on the rise, In 1989, Stark and Loather released a study on the liberal arts in the field of business and showed that there was a high level of graduates who were not able to comprehend information on a critical level, make ethical decisions when facing an issue, or relate to others both on a cultural and emotional level. Pacing grooving concern over the outcome of business students in higher education, universities began to once again view the Iberia arts as a benefit in their programs. As the realization of the benefits of a liberal arts focused education grew, consequently so did the debate as to how the merging the two philosophies. The Great Debate Liberal arts education, with relation to the business field, has brought about much attention in the last thirty years. The scope Of the liberal arts field With relation to the business environment, while discussed in length for over a century, has just recently established itself as a larger debate than otherwise thought. The theory behind the liberal arts philosophy is the betterment of ones self wrought the ability to critically think and reason with logic so that there can be a greater connection into social participation (Cohen, 2009). The purpose of using this theory and applying it to the field of business education is to provide students with the ability to use the business knowledge they possess and conform it to the situations that they may face in the present (King and Baxter- Magnolia, 1991). Pinker (2009) states that the growth tot liberal arts mentality in a person helps to develop the intellectual scaffolding that holds them to deal with the challenges presented to them in everyday situations. The ultimate goal in joining the personal development concept with the role that person plays in a business role is that the business leader will be better equipped to participate in the cultural and intellectual arenas found the the practice of business (Bogart, 2010). The form that Wishful (2007) presents this idea is that the study of liberal arts is a mere process, and through that process an individual reaches past their present mental state and expands their understanding of society. While this thought and rationale is hard to question, and in fact is the goal for attainment wrought many educational models, the real debate lies in the methods that the liberal arts mindset is reached. Cohen (2009) states that the gap that lies between the self-betterment Of a student and the professional growth is where the true debate lies. Strasbourg (2010) states that the problem with this rationale is the focus on self-improvement during a period in time where the main struggle of a person lies in positioning themselves in the economic times we face. Whether professional or self. Betterment skills should be taught in a vocation such as business is where the crux of the argument lies. In Stevens article entitled Management as a Liberal Art (1991), the author discusses the growing trend of businesses taking a greater interest in liberal arts students. Wall Street during the sasss is used as an point in the argument to make the point that liberal arts students are being hired due to their ability to reason, rationalize, and critically think to a higher level than students who were trained under the roof of practical education, Stevens, however, goes on to state that institutions are focused on the wrong goal; rather than focusing on whether an institution of higher learning should adopt a liberal arts program or a rationality based education, the focus should be on how to integrate these two philosophies into one cohesive unit of learning The theory of liberal arts does not just promise to provide self-betterment, but to also provide the skills necessary to analytically think and reason. In Pinkness article (2009), he states that the liberal arts enable students to rationally questions the validity of what they are hearing and determine the truth behinds remarks. The ability to analyze and critically think remains to be the greates t support for the liberal arts argument. Kelly, Dave, and High (1999) state in heir research that the ability of one to alter their position on a certain view or belief lies in that persons ability to critically reason and analyze the alternative in comparison of previously held belief. Where the argument hits a intellectual speed bump is in the ability for students and professors to grasp the importance of the liberal arts education in light of the age in which we exist. Strasbourg (2010) states that the assumption that the liberal arts education enables students to suddenly analyze and critically think is given to much credit. In Willows study (2004) of generational groups and heir abilities to learn and process information, Wilson finds that this generation is strongly tied with the status quo and that breaking someone from the norm takes a greater force than in previous generations. I Am the Best Student Athlete EssaySuggestions into a integrative business curriculum came in the beginning Of the asses with Blooms proposed model for the undergraduate business curriculum (1992). Bloom proposed business curriculum suggests that students be exposed to individualism, political involvement and theory, economic theory and how it relates to sociology, the influence of technology in the business sector, and international involvement of business (1992). At the end of the students educational venture through a higher education institution, Bloom suggests that there be a thesis in which the senior takes all the culmination of knowledge and applies this to a specific topic. While this model seems to completely integrate the liberal arts background with the business application, much criticism come as to the lack tot history courses and the failure to include other basic management courses. The current trend of liberal arts in business programs Research conducted in the last 10 years in the area of liberal arts education has been on the rise. A primary focus of research has been conducted not only on the teaching of liberal arts theories in the business courses, but also the effect that the educators experience has on the learning of the students. While past research has made the somewhat obvious connection between the teaching styles of educators and the information gained from students, recent studies have taken this research to the next level by looking into the qualification Of educators. A study done by Catcall, Bradbury, Famish, and Simpler in 2004 found that there was a significant decline in the number Of liberal arts minded referrers teaching business courses. Their study found that only of the faculty in higher institutions were from an academic background (2004). Researchers such as Catcall, Bradbury, Famish, and Simpler find that academic professors bring a higher concentration of liberal arts theories and foundations into their coursework whereas professional-based professors bring a higher concentration of experience and hands-on knowledge. With the higher concentration of practical knowledge based professors in the courses today, there is a slight decline tot integration of the liberal arts. Nine (2011) concludes hat this decline in the number of academically experienced professors is due in part to the current weak financial situation that many colleges are taking. Due to the higher cost associated with academically-experienced professors and the balance of less-qualified, experienced based professors, institutions of higher learning are beginning to make the switch (2011), Miles, Hazarding, and Manila reported that in the 2003 edits to the accreditation standards, The Association to Advance Collegiate Schools of Business lowered their standards regarding the required percentage of academically qualified faculty to professionally qualified faculty. Nine (2011) attempts to explain this by stating that organizations and businesses had a higher focus on the number of students coming out of higher learning institutions rather than the quality faculty, the knowledge base of the graduates, or the applicable skills they possessed. Another contingency that current research has looked at to explain the trend of higher learning institutions is the effect Of the economic environment. In such a tough economy as the one we face today, students are looking for more affordable forms Of education including that Of online education. Institutions are offering these programs as a source of savings on both the student and institutional standpoint, leaving a smaller amount to be spent on the funding of faculty to teach these programs (Nine, 2011). Slaughter and Rhodes (2004) point out that there is a strong effect on the capitalistic forces that effect education programs today. Research done by Elian et al. In 2002 discusses the strong effect that online programs have on the moment to incorporate a liberal arts mentality, Through changes made in the standards of the CABS, a completely efferent make up tot skills is being presented by students completing online education. The lack of academic faculty and the emergence of a professional faculty makeup in conjunction with a self-taught philosophy of online course work has created a great deficiency in the application of liberal arts (2011). Conclusion The purpose of business education is to train individuals to deal with the environmental factors that the business environment presents. While there has been a great deal of research done in the last half-century that points to the effectiveness of a liberal arts deduction and a the effectiveness of a practicality eased education being taught in curriculums throughout business schools, there is a lot more research to be done in this field (Curran, 2007). Curran (2007) points out that the effects Of the teachings in business schools are just now being realized due to the current succession of management. With this analysis, it proves that there is a great deal of research left to do with relation to the liberal arts teaching in a school of business. By researching and looking at the trends of business education over the last century, researchers are able to comprehend the effects that curriculum changes an have on the decisions business graduates in the organizations they help run. While the original intent of a business education was to provide professional training to enable students to effectively run businesses, history and research has proven that academic institutions are willing adapt to economic markets and alter their curriculum to meet these market demands. There has been significant research done with regards to the effectiveness of liberal arts education in the field of business as well as the need for a practicality based education and the merging of these two ideas. There hasnt, however, been adequate suggestions on how to properly go about merging the liberal arts and the practicality of the business environment effectively While there has been the suggestions offered up by Boyd (1987), there has not been any research looking at the effectiveness of certain programs and types of integration to further close the debate. Future research should also look into the qualifications and skills sets that employers are looking for when fulfilling jobs. In conjunction to this research, the studies should also look into the skill sets that current students are graduating tit in order to compare and find out what areas of a business education are lacking. Only then can we assess the needs Of organizations and the educational system requirements to fulfill those needs through a proper mix of practical based and liberal arts based education. Another weakness of the research conducted was the lack of research to find outside or other internal influences that could be affecting the education of graduates other than the curriculum. Research addressing the social influence that students face with regards to obtaining a liberal arts mindset would be extremely beneficial, Questions such as: What social or socio-economic influences are students exposed to that affect their ability to process information and learning under a liberal arts mentality? The problems with the research already conducted suggesting a single core curriculum that merges the liberal arts philosophies with the practicality based education is the lack of universities to adopt such curriculums. Research conducted by Stark and Loather in 1989 revealed that while there was agreement as to the necessity for an integrated curriculum, little to no higher learning institutions were actually adopting such trainees, Yet another area of suggested research is to look into the connection between expectations of students with the education received under an integrated liberal arts program, a strict liberal arts program, and a strict practicality based program. These three categories of graduates should be tested shortly after graduation, in the middle of their careers, and toward the end of their careers. Due to the fact that education is primarily composed off series Of expectations, this study would be completely useful as to the insight Of students expectations of their education prior to the coursework in comparison With how they felt their coursework adequately prepared them for eh business environment during different stages in their careers (Bogart, 2010, peg. 413). In summary, while extensive research has been conducted on the topic of liberal arts education in the realm of the business concentration, little change has been made to the implementation of such curriculums. For this reason, research has continued to focus on solutions to this problem without much avail. Longstanding the barriers that a liberal arts supporters face may help to provide a more effective way to actual implementation, While there is strong position to the liberal arts role in business, better research done to look into the proper implementation of liberal arts into business school may help to decrease this tension. With a greater number tot studies showing this trend, the literature landscape on this topic is bound to drastically change over the short course of history. References Belt, M. (1965). Education as a discipline; a study of the role of models in thinking, Boston: Allan and Bacon, Boyd, Charles, (1987).

Maggie Tulliver Divided Needs Represented In Diverse Relations Essays

Maggie Tulliver: Divided Needs Represented in Diverse Relations It is said that George Eliot's style of writing deals with much realism. Eliot, herself meant by a "realist" to be "an artist who values the truth of observation above the imaginative fancies of writers of "romance" or fashionable melodramatic fiction." (Ashton 19) This technique is artfully utilized in her writings in a way which human character and relationships are dissected and analyzed. In the novel The Mill on the Floss, Eliot uses the relationships of the protagonist of the story, Miss Maggie Tulliver, as a medium in which to convey various aspects of human social associations. It seems that as a result of Maggie's nature and of circumstances presented around her, that she is never able to have a connection with one person that satisfies her multifaceted needs and desires. Maggie is able, to some extent, to explore the various and occasionally conflicting aspects of her person with her relationships between other characters presented in the novel. "From an early age, Maggie ne eds approval from men...Maggie is not shown in any deep relationship with a female friend." (Ashton 83) A reader can explore into Maggie Tulliver's person and her short development as a woman in four primary male associations: her father?Mr. Tulliver, her brother?Tom Tulliver, her friend and mentor?Philip Wakem and her dangerous passion with Steven Guest. Maggie unconditionally loves her father although he has been the unconscious root of many of her misfortunes. "Tom's and Maggie's young lives are blighted by the gloom, poverty, disgrace and death of their father...Maggie is obliged by her father's failure to leave school...It is the misfortune of a clever girl denied any activity other than domestic." (Ashton 50) In the time period of the setting of the novel, women were regarded as male property, to take care of household matters and without skill, originality and intelligence of a man. Mr. Tulliver cared deeply for his daughter's future but inadvertently oppressed Maggie through his views of women. This idea is represented in his dialog with Mr. Riley of Maggie's "unnatural" intelligence: "It's a pity but what she'd been then lad?she'd ha'been a match for the lawyers, she would. It's the wonderful'st thing." (Eliot 68) Mr. Tulliver by nature was stubborn, opinionated and led his family to disgrace as a result. However, there is a close bond between him and Maggie for which he had always protected her and favored her over Tom, as much as would permit in that age. Maggie always felt a responsibility to please her father and to never cause him any grievances. She was loyal to him at times that he seemed to not return her affection "How she wished that [her father] would stoke her head, or give her some sign that he was soothed by the sense that he had a daughter who loved him!" (Eliot 371) When her father was in the lowest point of self-ruin and was under the scrutiny of the family, Maggie took upon the position of the protector and loyally defended her protector. "Her father had always defended and excused her, and her loving remembrance of his tenderness was a force within her that would enable her to do or bear anything for his sake." (Eliot 284) Maggie's brother, Tom, is the person of whom she was the most fond of. She turned the cheek on some of his unkind actions toward her in the realization of a strong, unbreakable bond. This excerpt from "Brother and Sister" (Ashton 90) portrays the type of relationship Maggie and Tom Tulliver have. He was the elder and a little man Of forty inches, bound to show no dread, And I the girl that puppy-like now ran, Now lagged behind my brother's larger tread. "Every episode in the early chapters show Maggie's high hopes of pleasure being dashed by disagreements with Tom." (Ashton 75) "Tom indeed was of opinion that Maggie was a silly little thing: all girls were silly...still he was very fond of his sister and always meant to take care of her." (Eliot 92) Even with this mutual love, Tom is extremely harsh of Maggie, whose only concern is to please him and maintain closeness with him throughout their lives. In many instances, Tom