1795 - States rights vs. Federalism

Framers of the U.S. Constitution finessed the thorny problem of federalism by leaving important questions unanswered until a future day. Those unanswered questions eventually led to the unlawful removal of Indians in the South, and to the Civil War in 1861.

        Problems with federalism and state's rights, which ultimately lead to the Civil War, start at this time with the Georgia legislature quarreling with the federal government over the legal nature of Indian sovereignty - status the southern states ignored as a block.   click here for more on federalism


   This political cartoon shows how the sovereignty of Native American tribal governments was not taken into account by the framers of the U.S. Constitution.       

            Georgia's legislators sought to divest the state of property to the west, and when the land was scooped up by land speculators who were partners with many of the legislators, they turned the excess land it into Alabama and Mississippi and then forced the citizens to pay for it.  Now, residents of Georgia clamored to take over Cherokee lands inside of the state's borders.