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Cherokee Nation's top court approves constitution
Friday, June 9, 2006

The Cherokee Nation's top court has approved the tribe's new constitution even though it may lack federal approval.

According to the Associated Press, the court said the tribe doesn't need to wait for the Bureau of Indian Affairs for the new constitution to become effective. The tribe's old constitution contained a clause that required federal approval.

According to a Cherokee Nation press release, the BIA approved the tribe's 2003 referendum in which the majority of voters accepted the new constitution. The release cited a letter from former assistant secretary Neal McCaleb, who is Chickasaw.

But an issue has arisen because Cherokee Freedmen, the descendants of former slaves, weren't allowed to vote in the 2003 referendum. The Cherokee Nation's top court has since ruled that the Freedmen are entitled to citizenship, regardless of Indian blood, if they can trace their ancestry to the Dawes Roll.

The tribe has since moved to amend the constitution once again, this time to base citizenship on the Dawes Roll, but to require Indian blood.

Get the Story:
Tribunal approves Cherokee constitution (AP 6/8)
Press Release: Cherokee Nation’s New Constitution Takes Effect (CNO 6/7)

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

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

Related Stories:
Cherokee committee approves membership proposal (05/16)
About 800 Cherokee Freedmen enrolled since decision (05/01)
Cherokee chief sued over vacant legal position (04/13)
Cherokee chief criticized for stance on Freedmen (4/6)
Two Creek Freedmen apply for citizenship after ruling (03/22)
Creek Freedmen see opening in citizenship dispute (3/21)
Cherokee chief calls for an 'Indian' Nation by blood (3/20)
Cherokee chief criticized for stance on Freedmen (3/17)
Cherokee chief wants Freedmen out of tribe (3/15)
Editorial: Victory long overdue for Cherokee Freedmen (3/10)
Cherokee Nation to enroll Freedmen descendants (3/9)
Cherokee Freedmen win tribal citizenship lawsuit (3/8)
Cherokee chief wants to sue BIA over constitution (02/15)
Freedmen descendants shut out of Cherokee Nation (11/22)
Trial concludes in Freedmen membership case (09/15)
DNA tests being used to bolster Indian heritage claims (08/30)
Ex-Cherokee councilors fined for Freedmen support (08/23)
Freedmen descendants use DNA to show Indian blood (06/03)
Column: Civilized Tribes owe reparations to slaves (03/11)
Cherokee Nation seeks role in Freedmen lawsuit (02/21)
Cherokee leaders blast Coburn for 'divisive' remarks (9/17)
Cherokee Freedmen caught in high-level dispute (8/20)
Cherokee Nation chief sworn in for another term (8/15)
Seminole Freedmen rebuffed by Supreme Court (06/29)
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Resolution of Seminole dispute sought in court (5/28)
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