Jackson and Federal Power

AP US History· difficulty 4/5

"We wish to remain on the land of our fathers. We have a perfect and original right to remain without interruption or molestation. The treaties with us, and laws of the United States made in pursuance of treaties, guaranty our residence and our privileges, and secure us against intruders." — Cherokee Nation Memorial to Congress, 1830

The Cherokee argument relies most strongly on which line of reasoning?

  • A

    Natural law alone makes state laws void within tribal territory

  • B

    The Constitution's commerce clause forbids any state regulation of Indians

  • C

    Federal treaties create binding legal obligations that protect tribal land rights

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  • D

    Christian missionaries had granted the Cherokee a permanent homeland

Explanation

The memorial leans on treaty law and supremacy — federal treaties guarantee residence. It does not rest its case on natural law alone, the commerce clause specifically, or missionary grants.

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