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Congressional Legislation—Congressional Legislation—the Indian Removal Act of 1830the Indian Removal Act of 1830

Using the Spartan Using the Spartan Writing Protocol Writing Protocol

(SWP)(SWP)

Step 1:Step 1: Read the Read the task/question task/question carefully.carefully.

Step 2:Step 2: Circle key Circle key words and underline words and underline key concepts.key concepts.

Step 1&2:Step 1&2: Use active Use active reading strategies to reading strategies to understand the task.understand the task.

Theme: Government (Congressional Legislation)Theme: Government (Congressional Legislation)

Throughout United States history, Congress has Throughout United States history, Congress has passed legislation to address important passed legislation to address important political, social, or economic issues. These laws political, social, or economic issues. These laws have often had a significant impact on have often had a significant impact on American society.American society.

Task:Task:

Select two laws passed by the United Select two laws passed by the United States Congress and for eachStates Congress and for each•Discuss the historical circumstances that Discuss the historical circumstances that led to the passage of the lawled to the passage of the law•Discuss the impacts of the law on Discuss the impacts of the law on American societyAmerican society

Describe means “give an Describe means “give an account in words of (someone account in words of (someone or something), including all or something), including all the relevant characteristics, the relevant characteristics, qualities, or events.”qualities, or events.”

Discuss means “examine and Discuss means “examine and talk about all sides of a talk about all sides of a subject or issue in a carefully subject or issue in a carefully organized manner.”organized manner.”

Step 3:Step 3: Read the Read the passage carefullypassage carefully

Step 4:Step 4: Take notes Take notes that respond to the that respond to the task/questiontask/question

Steps 3 & 4:Steps 3 & 4: Collect Collect information and information and record it on a graphic record it on a graphic organizer.organizer.

CongressionalCongressionalLegislationLegislation

Indian Removal Act Indian Removal Act (1830)(1830)

Historical Circumstances (1/5)Historical Circumstances (1/5)• Georgia’s legislature started passing laws to Georgia’s legislature started passing laws to

move Native American tribes out of the way move Native American tribes out of the way of white settlement to land further west.of white settlement to land further west.

• There were questions as to whether a state There were questions as to whether a state could pass laws impacting Indians as there could pass laws impacting Indians as there were legal precedents established that were legal precedents established that Indian tribes were to be treated like foreign Indian tribes were to be treated like foreign nations. This meant only the federal nations. This meant only the federal government could make treaties. government could make treaties.

Historical Circumstances (2/5)Historical Circumstances (2/5)• While these questions swirled around, While these questions swirled around,

President Andrew Jackson asked Congress—President Andrew Jackson asked Congress—controlled by his party, the Jacksonian controlled by his party, the Jacksonian Democrats—to propose a bill authorizing the Democrats—to propose a bill authorizing the president to make treaties with Indian tribes, president to make treaties with Indian tribes, granting them federal land west of the granting them federal land west of the Mississippi River and arranging for removal Mississippi River and arranging for removal out of the way of white settlement. The out of the way of white settlement. The Indian Removal Act was passed by Congress Indian Removal Act was passed by Congress and signed by the President in 1830.and signed by the President in 1830.

Historical Circumstances (3/5)Historical Circumstances (3/5)

• Removal was challenged in the court system.Removal was challenged in the court system.• The first case was a loss. In Cherokee Nation The first case was a loss. In Cherokee Nation

v. Georgia, the Cherokee tried to argue that v. Georgia, the Cherokee tried to argue that U. S. laws didn’t apply in their territory U. S. laws didn’t apply in their territory because they were a foreign nation. because they were a foreign nation.

• The Court threw the case out because the The Court threw the case out because the Cherokee were a dependent nation, living Cherokee were a dependent nation, living under the guidance of the U. S. government. under the guidance of the U. S. government.

Historical Circumstances (4/5)Historical Circumstances (4/5)

• The second case, Worcester v. Georgia The second case, Worcester v. Georgia seemed like a victory. seemed like a victory.

• Christian missionaries living among the Christian missionaries living among the Native American (one of which was Native American (one of which was Worcester) were needed a license issued by Worcester) were needed a license issued by the state of Georgia (and none were issued). the state of Georgia (and none were issued). Worcester was arrested and convicted for Worcester was arrested and convicted for violating this law. violating this law.

Historical Circumstances (5/5)Historical Circumstances (5/5)

• The Supreme Court—under Chief Justice John The Supreme Court—under Chief Justice John Marshall—agreed that any Georgia laws Marshall—agreed that any Georgia laws dealing with Native Americans were dealing with Native Americans were unconstitutional because only the federal unconstitutional because only the federal government could deal with them.government could deal with them.

SPECIFIC impact (1/3)SPECIFIC impact (1/3)• The Court’s ruling applied to the The Court’s ruling applied to the

Indian Removal Act, but President Indian Removal Act, but President Jackson ignored it. He famously said Jackson ignored it. He famously said that the Chief Justice could enforce that the Chief Justice could enforce his ruling himself.his ruling himself.

•He began using federal resources to He began using federal resources to remove Native Americans.remove Native Americans.

SPECIFIC impact (2/3)SPECIFIC impact (2/3)• First he had the executive branch make First he had the executive branch make

treaties with the different groups giving up treaties with the different groups giving up their land in exchange for federally owned their land in exchange for federally owned land on the frontier (in present day land on the frontier (in present day Oklahoma).Oklahoma).

• Then he used federal troops to arrange and, Then he used federal troops to arrange and, when necessary, forcibly move any groups when necessary, forcibly move any groups who refused to leave.who refused to leave.

SPECIFIC impact (3/3)SPECIFIC impact (3/3)• The Trail of Tears was the forced migration The Trail of Tears was the forced migration

Native American tribes. Along this long Native American tribes. Along this long march, a quarter of them died.march, a quarter of them died.

• This set a precedent for the treatment of This set a precedent for the treatment of Native Americans by the United States Native Americans by the United States government. Those who refused to government. Those who refused to assimilate would be moved out of the way of assimilate would be moved out of the way of white settlement to lands further west. white settlement to lands further west.

Congressional Legislation—the Indian Removal Act of 1830Congressional Legislation—the Indian Removal Act of 1830

LawLaw Historical CircumstancesHistorical Circumstances SPECIFIC long-term effectSPECIFIC long-term effect

Indian Indian Removal Removal

Act Act

(1830)(1830)

Georgia’s legislature started passing laws to move Native American tribes out of Georgia’s legislature started passing laws to move Native American tribes out of the way of white settlement to land further west.the way of white settlement to land further west.

There were questions as to whether a state could pass laws impacting Indians as There were questions as to whether a state could pass laws impacting Indians as there were legal precedents established that Indian tribes were to be treated like there were legal precedents established that Indian tribes were to be treated like foreign nations. This meant only the federal government could make treaties. foreign nations. This meant only the federal government could make treaties.

While these questions swirled around, President Andrew Jackson asked CongressWhile these questions swirled around, President Andrew Jackson asked Congress—controlled by his party, the Jacksonian Democrats—to propose a bill authorizing —controlled by his party, the Jacksonian Democrats—to propose a bill authorizing the president to make treaties with Indian tribes, granting them federal land west the president to make treaties with Indian tribes, granting them federal land west of the Mississippi River and arranging for removal out of the way of white of the Mississippi River and arranging for removal out of the way of white settlement. The Indian Removal Act was passed by Congress and signed by the settlement. The Indian Removal Act was passed by Congress and signed by the President in 1830.President in 1830.

Removal was challenged in the court system.Removal was challenged in the court system.

•The first case was a loss. In Cherokee Nation v. Georgia, the Cherokee tried to The first case was a loss. In Cherokee Nation v. Georgia, the Cherokee tried to argue that U. S. laws didn’t apply in their territory because they were a foreign argue that U. S. laws didn’t apply in their territory because they were a foreign nation. nation.

• The Court threw the case out because the Cherokee were a dependent The Court threw the case out because the Cherokee were a dependent nation, living under the guidance of the U. S. government. nation, living under the guidance of the U. S. government.

•The second case, Worcester v. Georgia seemed like a victory. The second case, Worcester v. Georgia seemed like a victory.

• Christian missionaries living among the Native American (one of which Christian missionaries living among the Native American (one of which was Worcester) were needed a license issued by the state of Georgia was Worcester) were needed a license issued by the state of Georgia (and none were issued). Worcester was arrested and convicted for (and none were issued). Worcester was arrested and convicted for violating this law. violating this law.

• The Supreme Court—under Chief Justice John Marshall—agreed that The Supreme Court—under Chief Justice John Marshall—agreed that any Georgia laws dealing with Native Americans were unconstitutional any Georgia laws dealing with Native Americans were unconstitutional because only the federal government could deal with them.because only the federal government could deal with them.

The Court’s ruling applied to the The Court’s ruling applied to the Indian Removal Act, but President Indian Removal Act, but President Jackson ignored it. He famously said Jackson ignored it. He famously said that the Chief Justice could enforce that the Chief Justice could enforce his ruling himself.his ruling himself.

He began using federal resources to He began using federal resources to remove Native Americans.remove Native Americans.

•First he had the executive branch First he had the executive branch make treaties with the different make treaties with the different groups giving up their land in groups giving up their land in exchange for federally owned land exchange for federally owned land on the frontier (in present day on the frontier (in present day Oklahoma).Oklahoma).

•Then he used federal troops to Then he used federal troops to arrange and, when necessary, arrange and, when necessary, forcibly move any groups who forcibly move any groups who refused to leave.refused to leave.

• The Trail of Tears was The Trail of Tears was the forced migration the forced migration Native American tribes. Native American tribes. Along this long march, a Along this long march, a quarter of them died.quarter of them died.

This set a precedent for the This set a precedent for the treatment of Native Americans by treatment of Native Americans by the United States government. the United States government. Those who refused to assimilate Those who refused to assimilate would be moved out of the way of would be moved out of the way of white settlement to lands further white settlement to lands further west. west.

Step 5:Step 5: Complete the Complete the Evidence and Analysis Evidence and Analysis boxes on your Spartan boxes on your Spartan Writing Template Writing Template (SWT)(SWT)

Step 6:Step 6: Write your Write your claim.claim.

Throughout United States history, Congress has passed Throughout United States history, Congress has passed legislation to address important political, social, or legislation to address important political, social, or economic issues. These laws have often had a economic issues. These laws have often had a significant impact on American society.significant impact on American society.

One important piece of legislation that had One important piece of legislation that had a major impact was the passage of the a major impact was the passage of the Indian Removal Act of 1830.Indian Removal Act of 1830.

Step 7:Step 7: Determine the Determine the relevancy of your relevancy of your evidence in supporting evidence in supporting your claim.your claim.

Step 8:Step 8: Complete a concluding Complete a concluding sentence box on your Spartan sentence box on your Spartan Writing Template (SWT).Writing Template (SWT).

Step 9:Step 9: Write your Write your response (using the response (using the Spartan Writing Spartan Writing Template [SWT])Template [SWT])

Step 10:Step 10: Self-Assess Self-Assess your paragraph using your paragraph using the Spartan Writing the Spartan Writing RubricRubric