The Indian Removal Act of 1830 was deemed unconstitutional because white settlers had revoked the constitution of the Cherokee nation in Georgia, stating that Native Americans were subject to Georgia's state laws, not their own.
The Cherokee nation argued that they were an independent, or sovereign nation, so they were not subject to the laws of the state of Georgia. The Supreme Court agreed, saying that Georgia had no authority over the Cherokee people, who were a sovereign nation. The Cherokee people could only be subject to the authority of the federal government, not state or local.
Even though the Indian Removal Act was deemed unconstitutional, President Jackson disagreed and continued the policy of relocating tribes, stating that they were voluntary. History has shown that, in fact, there were forced removals under this act.
Supreme court has studied and interpreted the Indian Removal Act as unconstitutional. Supreme court was of the view that the concerned act is against the rights of the tribes to remain on their land.
Therefore we can conclude on the basis of supreme court's decision that Indian Removal Act is deemed to be unconstitutional.
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