Chad Smith: Cherokee sovereignty at stake

"Today, some seek to compromise Indian self-government, and Cherokee voters should send a clear message on June 23 that the right of Indian self-government is not negotiable. Cherokees should vote yes again on June 23 to remove federal oversight and approval of our Cherokee Nation Constitution.

The history that has led to this moment is well documented. For more than 40 years, the Cherokee Nation has worked to rejuvenate its heritage and reaffirm a cultural identity damaged by more than a century of federal policies — including BIA policies — aimed at assimilating Native Americans and stripping us of our identities. In the course of this effort, the Cherokee Nation thoughtfully considered the crucial question on what it means to be a nation.

In 2003, our voters agreed that a sovereign Nation does not grant another nation the power of approval over its constitutional process. They amended our 1975 Constitution to revoke a provision that had been voluntarily included in the original document, giving the federal government a role in approving our constitutional amendments.

Our tribal courts later ruled that because the provision had been self-imposed, it could be revoked at the people’s will. And it was overwhelmingly.

The BIA, therefore, has no inherent “right” to approve or reject our Constitutional amendments."

Get the Story:
Chad Smith: June 23 election lies at the very heart of Indian, Cherokee sovereignty (The Muskogee Phoenix 6/9)

BIA Letters:
May 21, 2007 | March 28, 2007 | August 30, 2006

Sovereign Immunity Court Decision:
Vann v. Kempthorne (December 19, 2006)

Cherokee Nation Judicial Appeals Tribunal Decision in Freedmen Case:
Allen v. Cherokee Nation (March 7, 2006)

Relevant Links:
Cherokee Nation - http://www.cherokee.org
Freedmen Of The Five Civilized Tribes - http://www.freedmen5tribes.com
Freedmen Conference - http://www.freedmenconference.com

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