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Cherokees Should Decide Who is Cherokee, Not Congress

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  • Cherokees Should Decide Who is Cherokee, Not Congress

    June 21, 2007

    Cherokees Should Decide Who is Cherokee, Not Congress


    The following is the official response to a bill introduced on behalf of six Freedmen descendants to cut federal funding to the Cherokee Nation

    TAHLEQUAH, OK — The Cherokee Nation is calling a bill introduced today by a California Congresswoman a “misguided attempt” to deliberately harm Cherokee citizens for exercising their rights of sovereignty. The statement is in response to a bill introduced today by Congresswoman Diane Watson of California to cut funding from Cherokee Nation.

    “The introduction of this bill is really a misguided attempt to deliberately harm the Cherokee Nation in retaliation for this fundamental principle that is shared by more than 500 other Indian tribes. Last week, a federal court refused to support similar efforts to harm the Cherokee Nation. The BIA has actually stood by our side to argue against terminating funding for the Cherokee Nation. So now it appears that non-Indian Freedmen have turned to yet another branch of the federal government. It’s clear that the real purpose of this bill is for a California legislator to try to punish the Cherokee Nation for so-called wrongs that are based purely on misinformation,” said Cherokee Nation Principal Chief Chad Smith.

    Smith added that the Cherokee Nation’s citizenship law remains the most inclusive of any Indian tribe, requiring only one Indian ancestor on our base roll for citizenship.

    “Given the facts, we anticipate this latest attempt to harm the Cherokee Nation will be as unsuccessful as previous ones, as Congress takes the time to understand the issues.

    “I appreciate the statements of Congressmen Boren and Cole, who understand the complexities of the issue and have indicated there are alternative ways of resolving this issue that don’t involve cutting of funding to low-income Indians, including Indian Freedmen descendants and the 2,800 non-Indian Freedmen descendants who remain citizens of the Nation to this day and are currently receiving services.

    “It is important to understand that there are currently more than 1,500 African-American descendants of slaves (known as Freedmen) who are citizens of the Cherokee Nation because they also have an Indian ancestor listed on the Cherokee Nation’s base roll. Those 1,500 Indian Freedmen descendants will remain citizens and are completely unaffected by the recently adopted constitutional amendment.

    “Thousands of other Cherokees of African and other heritage are also citizens because they have an Indian ancestor on the Cherokee Nation’s base roll. Our citizenship policy remains the most inclusive in Indian country, requiring just one Indian ancestor on our base roll. Our people have made it clear that they feel it is important to be an Indian to be in our Indian tribe, but are also incredibly inclusive of citizens of all ranges of ethnic background as long as they also have an Indian ancestor on our base roll,” Smith said.

    Former U.S. Congressman Brad Carson said citizens should take care not to overreact to the introduction of a bill, indicating the mere introduction of a bill doesn’t mean it will become law.

    “There is a long road from introducing a bill to the bill becoming law, and I can’t imagine that Congresswoman Watson's bill will be successful,” Carson said.

    Facts that Congress and the public should know regarding Cherokee citizenship:

    1. Thousands of Cherokee citizens who are African-American -- in addition to the more than 1,500 who are descendants of former slaves as well as Cherokee Indians – are citizens today and were completely unaffected by the March amendment. This is because they can trace an Indian ancestor to our people's base census roll, known as the Dawes Cherokee Blood Roll.

    2. The March amendment still permits the more than 2,800 Freedmen descendants who were recently reinstated to citizenship by the Nation's tribal court to become permanent citizens if they can prove lineage to an Indian ancestor on the base census roll.

    3. Notwithstanding the March amendment's passage, the Nation supported last month a stay in its implementation while a Cherokee tribal court evaluates its legality. All citizens who were removed because of the amendment have been reinstated pending a final resolution of the tribal court, including economic and health benefits and the right to vote in Saturday's tribal election.

    4. The Nation has provided legal counsel at its own expense to more than 300 Freedmen descendants who are challenging the amendment in tribal court.

    Additional information regarding Cherokee Nation citizenship requirements can be found at www.cherokee.org
    ᎠᏂᎩᏚᏩᎩ - Anigiduwagi
    Till I Die!

  • #2
    Good grief...why can't they just give that a rest? The Cherokee Nation of OK is a sovereign nation, and nobody, including the Federal Gov't, should have the authority to countermand tribal laws - especially related to enrollment. That's kind of like of Mexico telling us who can be a US citizen and who can't. Get a grip and give it up!

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    • #3
      I agreed that each tribe can dictate their members. But I don't think benefits meant for Native Americans should be doled out to those with minimal blood degrees - less than 1/4.
      ...it is what it is...

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      • #4
        Originally posted by NorthofAda View Post
        Good grief...why can't they just give that a rest? The Cherokee Nation of OK is a sovereign nation, and nobody, including the Federal Gov't, should have the authority to countermand tribal laws - especially related to enrollment. That's kind of like of Mexico telling us who can be a US citizen and who can't. Get a grip and give it up!
        Because the legal definition has previously been determined as limited sovereignity, which equates to DOES NOT EXIST. (If it is in any way limited, how can you be sovereign?) The logic relationship is akin to being a "little bit dead" or "sort of pregnant." It is either/or, and the sum result is "or": Limited sovereignity is an oxymoron.

        Folks who cling to such are entranced by Fool's Gold. In a nutshell, tribal sovereignity does not exist, has never existed and -- at the end of this court case -- may never exist in the future. To wit:

        This is nothing at ALL like the relationship between Mexico and the Unites States. At best, it is like the relationship between the US and states that did not desire to reduce speed limits or raise the drinking age: we [the US] will take your funds and/or reduce your rights if you do not comply with what we desire.

        Which is why, unless you desire to blow up the ENTIRE system/relationship, you shouldn't rattle the Fed's cage.

        Of course, perhaps that is precisely what the Cherokee desire. With their membership size and cultural definition of self, they are the single tribe that MIGHT be able to get it done. Which should, of course, terrify the entitlement-types and blood quantum, Indian Police, types: because it means their way of life (as social wards) is going bye bye.

        Originally posted by wyo_rose
        I agreed that each tribe can dictate their members. But I don't think benefits meant for Native Americans should be doled out to those with minimal blood degrees - less than 1/4.
        Without offering an opinion on "benefits," I'd like to point out that this is a widely accepted position. So, what happens when everyone drops under 1/4?

        It is a mathematical certainty, over time. So the result of these preceedings impact everyone. It is a good debate, but I wonder if this particular cluster was worth it to oust a few thousand folks. Obviously, many of the Cherokee thought so, but this reminds me of cutting open the Golden Goose to find nothing at all...
        Last edited by Zeke; 07-25-2007, 10:31 AM. Reason: dumbass spelling

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