BOOK GUIDES
Cherokee Nation Mock Trial
Mock Trial Script: The United States v. Cherokee Sovereignty
Overview: his mock trial simulates a symbolic case brought by the Cherokee Nation against the U.S. government, focusing on the Indian Removal Act of 1830 and the Trail of Tears. It draws from Cherokee Nation: A History of Survival, Self-Determination, and Identity and encourages students to explore themes of sovereignty, justice, and historical accountability.
CAST OF CHARACTERS Judge Attorneys for the Cherokee Nation (Prosecution Team) Attorneys for the United States Government (Defense Team) Witnesses for the Cherokee Nation: John Ross (Principal Chief) Cherokee Citizen (fictional or historical) Historian/Anthropologist
Witnesses for the U.S. Government: President Andrew Jackson U.S. Congressman Georgia Official or Settler Jury Members Bailiff
SCENE: A PRESENT-DAY COURTROOM
Bailiff: (pounding gavel) All rise. The Court is now in session, the Honorable Judge __________ presiding. Judge: Please be seated. Today we hear the case of The Cherokee Nation v. The United States Government . Prosecution, you may begin with your opening statement.
OPENING STATEMENTS Prosecution Attorney:
Your Honor, members of the jury, we stand here on behalf of the Cherokee Nation to seek symbolic justice for the injustice committed through the Indian Removal Act of 1830. This act, signed into law by President Andrew Jackson, led to the forced relocation of the Cherokee people from their ancestral homelands—a journey known as the Trail of Tears. Despite the Cherokee Nation's clear legal sovereignty and the U.S. Supreme Court ruling in Worcester v. Georgia , this removal was carried out, resulting in thousands of deaths and the destruction of a sovereign nation. Today, we will prove that the Indian Removal Act was not only morally unjust but a violation of treaties and legal protections owed to the Cherokee people. Defense Attorney: Ladies and gentlemen of the jury, the Indian Removal Act was passed lawfully by the U.S. Congress and carried out under constitutional authority. The purpose of the Act was to resolve ongoing conflict between settlers and Native nations and to ensure peace and security on the frontier. President Jackson and Congress believed that relocation was the only viable solution. While the consequences were tragic, the context of the time must be understood. The defense will show that the actions of the U.S. government were legal and necessary in the broader context of American expansion.
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