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Cross Examination of Chief Marshall by Andrew Jackson

Judge: Mister Jackson, do you wish to examine the witness, Chief John Marshall? (Jackson stands up) Andrew Jackson: Yes, I wish to do so. Judge: You may proceed. Andrew Jackson: Thank you, your Honor. Andrew Jackson: Good morning Chief Marshall. John Marshall: Good morning, President Jackson. Andrew Jackson: So (pauses) you said that I cannot go against the Courts decision? [I need to

have Direct Examination because my Cross Examination is limited to the subject matters brought up on Direct Examination. The rest of this script is based on what I have guessed will be the subjects covered. I will revise it once youve given me the Direct Examination]
John Marshall: Yes. Andrew Jackson: In your opinion, you said that the state of Georgia could not assert its authority over the Cherokees sovereignty? John Marshall: Yes. Andrew Jackson: Isnt it true that the reason that you said that the Georgia legislature could not assert its authority over the Cherokee was because Indian territory is part of the United States but is not subject to action by individual states? John Marshall: Yes. Andrew Jackson: Is Indian sovereignty subject to action by the federal government? John Marshall: Yes. Andrew Jackson: Do you consider Congress as part of the federal government? John Marshall: Yes. Andrew Jackson: Did Congress pass a law removing the Cherokee from their lands? John Marshall: Yes.

Andrew Jackson: So, do you recall what that law was called? John Marshall: Yes. The Indian Removal Act, if I recall. Andrew Jackson: Am I, as president, allowed to ratify or veto a law passed by Congress? John Marshall: Yes. Andrew Jackson: After a law is passed by Congress, which branch of government has the power to enforce laws under the Constitution? John Marshall: The Executive Branch. Andrew Jackson: So, as head of the Executive Branch, I have the power to enforce laws of the federal government, right? John Marshall: Yes. Andrew Jackson: So (pauses and nods head) my enforcement of the Indian Removal Act of 1830 was within my Constitutional power given to me as head of the Executive Branch. John Marshall: Yes Andrew Jackson: Then, isnt my removal of the Cherokee legal and just under the dictates of the Constitution? John Marshall: Yes.

Jacksons Closing Argument


Andrew Jackson: (becomes aggressive, raises voice): Then I am in the right. I did not go against the Courts decision that the Georgia legislature could not assert its authority over the Cherokee. A law was passed by Congress, a FEDERAL institution, removing the Cherokee and I ratified it. Does this go against the Constitution? You said no, Chief Marshall. You said this was a lawful action. I cannot be impeached because I have not exercised my authority beyond the powers given to me by the Constitution.