Why didn't Congress Impeach Andrew Jackson for his ignorance of John Marshall's ruling?

by shadoworc01

My understanding was that the anti-Jacksonians had a strong presence in Congress, and I would expect them to impeach him for violating the constitution like that -- regardless of whether they liked the Indians, just as an excuse to get him out of office.

Irishfafnir

Ignoring the fact that is is questionable if ignoring a Supreme Court ruling by a POTUS would even warrant impeachment since the notion of the Supreme Court having supremacy and exclusivity on constitutional matters was not universally established in the early 19th century, there was a lack of political support for impeachment and more importantly Jackson didn't ignore Marshall's ruling.

Firstly the Anti-Jackson forces did not have a majority in both houses of Congress in 1832. Jackson wouldn't see a significant drop in popularity until he issues his strong Unionist interpretation against nullification and secession. By this point Jackson found himself with strange bedfellows with nationalist Daniel Webster leading the administration forces in Congress since Jackson's declaration had alienated many previous state's rights supporters. The Indian question had become a sideshow to the more important question of nullification and nationalists recognized that a quick conclusion to the question needed to be reached to avoid either the dramatic reduction in supreme court power when Jackson likely refused to carry out the writ of Habeas Corpus against Georiga, and because of the need to prevent Georgia nullification supporters from seizing a majority within state politics and allying with South Carolina. Many prominent nationalists thus advised Worcestor to accept the Georgia governors offer of release which he ultimately did in early 1833.

More to the point however when the court issues the opinion they had to send a special rider to Georgia to see if Georgia would abide by the Supreme Court decision before calling on the executive to enforce the court's ruling. Georgia of course did not abide but by the time word came back to Washington the Supreme Court had adjourned which meant no writ could be issued until they reconvened. Before the court reconvened a peaceful outcome was reached and the need to issue the writ removed. Thus there was never really a ruling for Jackson to ignore. Ultimately a careful study of the politics of Jackson's presidency reveals that both Jackson and Marshall did not wish to engage in a battle over sovereignty and with Jackson's wishes ultimately coming out on top but Marshall retained the power of the court by bending but not breaking. Marshall either delayed rulings or ruled in favor of state's rights to avoid a potential clash with Jackson and because he recognized that nullification was a far greater threat to the Union and the Constitution itself. Jackson for his part resisted the calls from some members of his cabinet to break the power of the supreme court, and wrote to Georgia's governor in 1832 stating "My Great Desire was that you should do no act which would give the Federal court a legal jurisdiction over a case that might arise with the Cherokees". Jackson, like Marshall, was more concerned with nullification and in the end of the day there was not much political support for the Indians.