Worcester v. Georgia

Worcester v. Georgia
Argued February 20, 1832
Decided March 3, 1832
Full case nameSamuel S. Worcester v. State of Georgia
Citations31 U.S. 515 (more)
6 Pet. 515; 8 L. Ed. 483
Case history
PriorPlaintiff convicted in Gwinnett County, Georgia by the Georgia Superior Court (September 15, 1831)
SubsequentNone
Holding
Worcester's conviction is void because states have no criminal jurisdiction in Indian Country.
Court membership
Chief Justice
John Marshall
Associate Justices
William Johnson · Gabriel Duvall
Joseph Story · Smith Thompson
John McLean · Henry Baldwin
Case opinions
MajorityMarshall, joined by Johnson, Duvall, Story, Thompson
ConcurrenceMcLean
DissentBaldwin
Laws applied
U.S. Const. art. I

Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832), was a landmark case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional. The opinion is most famous for its dicta, which laid out the relationship between tribes and the state and federal governments. It is considered to have built the foundations of the doctrine of tribal sovereignty in the United States.


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