Worcester V. Georgia

Donald Trump “Worship” Of Andrew Jackson And WIlliam McKinley!

Donald Trump has, through his words and actions, indicated a “worship” of two Presidents, both of whom became engaged in controversial actions.

The 7th President, Andrew Jackson (1829-1837), was a clearcut racist who thought native Americans were subhuman, and defied the Supreme Court under Chief Justice John Marshall, in the case of Worcester V Georgia (1832), that upheld Cherokee Indian rights to their ancestral lands in Georgia.

That 1832 case led Jackson to announce defiance of the Court, and state that John Marshall and the Supreme Court had made its decision, now let them enforce it!

The result was the forced removal of thousands of native Americans to Oklahoma, infamously known as “The Trial Of Tears”, between 1830 and 1838, after passage of the Indian Removal Act of 1830.

About 15,000 native Americans were killed or died from disease during this forced removal, where about 60,000 native Americans, of five tribes—Creek, Choctaw, Chicasaw, Cherokee, and Seminole–were forced to “Indian land” in Oklahoma, which after a half century and discovery of oil, led to white settlement, taking away much of that territory from native Americans.

The 25th President, William McKinley (1897-1901), became infamous for having promoted the McKinley Tariff of 1890, making for very high tariffs on foreign goods, a factor in the worst economic downturn of the 19th century, the Panic of 1893, which was not overcome until the second year of the McKinley Presidency in 1898.

McKinley also is remembered for having promoted imperialism and expansion, including the gaining of Hawaii by joint resolution in 1898, and going to war with Spain, and gaining control of Puerto Rico, Guam, and the Philippines, and a “sphere of influence” over Cuba, giving the US an “Empire”, and new markets for industrial goods produced by corporations in their quest for new markets for their goods.

And the US fought a three year “guerrilla war” against the Philippines, who wanted independence after being liberated from Spanish control, but instead were forced to be a colony until after World War II in 1946, an event known as the “Filipino Insurrection”, mostly ignored in teaching of American history to students!

Trump is now pushing protective tariffs on all nations, and is now advocating American expansionism by considering retaking control of the Panama Canal; suggesting Canada become the 51st state; making clear his desire to gain control of Greenland from Denmark; and suggesting that the US take over the Gaza Strip in the Middle East and force removal of the 2 million Palestinians to Egypt and Jordan.

So Trump is guided by the worst policies of two of his predecessors in the White House–Andrew Jackson and William McKinley!

Conflict Between Presidents And Chief Justices Quite Common Historically

It is well known that President Barack Obama and Chief Justice John Roberts do not have a warm relationship, with Roberts chosen by George W. Bush, with Obama voting against his confirmation, and with the two men having totally different ideological views. Despite that, and the annoyance of Roberts over Obama’s condemnation of the Supreme Court for the Citizens United case of 2010, Roberts saved “ObamaCare” in June 2012, legitimizing it for the future, and gaining the anger of Republicans and conservatives. Who can say for sure how the relationship between Obama and Roberts will develop in the second term, and whether Roberts will surprise with more support of the administration than just the health care issue?

But the fact of their antagonism is not new in American history, as it is actually quite common that the Chief Justice is picked by a President of one ideological view, and will often clash with a future President of another party during his tenure on the Court.

The examples of such antagonism, far worse than the Obama-Roberts relationship, follow:

Thomas Jefferson and Chief Justice John Marshall (appointed by John Adams), on the Marbury V Madison case of 1803, dealing with Judicial Review. They were also distant cousins, who personally disliked each other.

Andrew Jackson and Chief Justice John Marshall (appointed by John Adams), on the removal of the Cherokee and other Indian Tribes after the Worcester V. Georgia and other similar cases in the 1830s.

Abraham Lincoln and Chief Justice Roger Taney (appointed by Andrew Jackson), over the Dred Scott V Sanford case in 1857, and the President’s use of war powers during the Civil War years until Taney’s death in 1864.

Franklin D. Roosevelt and Chief Justice Charles Evans Hughes (appointed by Herbert Hoover), over Supreme Court decisions during the New Deal years, and specifically FDR’s Court “Packing” Plan in 1937.

Richard Nixon and Chief Justice Earl Warren (appointed by Dwight D. Eisenhower), who Nixon had criticized in earlier years, and were rivals in California politics,and Warren trying to leave office under Lyndon B. Johnson, so Nixon would not replace him, but unable to do so due to controversy over Johnson’s nomination of Associate Justice Abe Fortas in 1968, leading to rejection, and Warren’s replacement, Warren Burger, being chosen by Nixon in 1969.

Bill Clinton and Chief Justice William Rehnquist (appointed by Ronald Reagan), who had major disagreements on policy, but Rehnquist conducted himself well at the Bill Clinton Impeachment Trial in 1999.

So the antagonism and rivalry of Presidents and Chief Justices is nothing new!