What are the positives of the Trail of Tears?

There were
not good things that came from the Trail of Tears, especially for those who had to march to
Oklahoma.  The Indian Removal Act that brought on the removal of the Five Civilized Tribes from
the Southeast to Oklahoma killed up to one third of the native people who went.  If there was
any "pro" to the act, I would say that it strengthened the executive branch.  Andrew
Jackson signed the Indian Removal Act into law but there was a legal challenge that went all the
way to the Supreme Court, Worcester v. Georgia.  In this case, John
Marshall ruled in favor of the Cherokee.  The treaties signed with the Cherokee were a moot
point, as they were deals between the state of Georgia and the Cherokee nation.  Per the
Constitution, a state cannot sign a treaty with a nation--it's the Senate's job to ratify
treaties.  Also, only a minority of Cherokee chiefs signed the treaty.  According to the Supreme
Court, the Cherokee should get to stay. Jackson did not act on the ruling; since he is the
enforcer of the law, per the Constitution, that was his prerogative.  The Cherokee and other
Southeastern tribes had to go to Oklahoma, where many died and many more lived in poverty and
lawlessness, as the Indian Territory was considered a haven for criminals in the period after
the Civil War.