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Cherokee chief rejects need to approve constitution
Monday, September 11, 2006

Cherokee Nation Principal Chief Chad Smith said the tribe's new constitution doesn't need to be approved by the Bureau of Indian Affairs.

Smith said the tribe's top court has ruled that federal approval is not required. But the Bush administration considers the constitution to be unapproved under the Principal Chiefs Act of 1970 and the document itself.

Smith, however, claims the Self Determination Act of 1975 implicitly overrode the Chiefs Act.

Cherokee voters approved amendments to the constitution to eliminate future federal review. But the BIA is concerned that Freedmen, the descendants of former African slaves, were denied a chance to vote.

The tribe has been forced to enroll Freedmen but a petition is circulating to deny them citizenship. The tribe would be able to kick them out without federal review.

Get the Story:
Cherokees: Chief Disagrees: BIA asserts stance on constitution (The Tulsa World 9/9)

Cason Letter:
Cherokee Nation Constitution (August 30, 2006)

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 Nation questioned on Freedmen vote (9/7)
Petition to oust Cherokee Freedmen submitted (08/15)
Petition seeks vote on ousting Cherokee Freedmen (07/31)
Cherokee Nation to vote on blood quantum change (6/13)
Cherokee Nation council debates blood quantum (6/12)
Cherokee Nation's top court approves constitution (6/9)
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)
Cherokee Freedmen sue BIA for disenfranchisement (8/12)
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The Seminole Nation's hanging chad (8/8)
Resolution of Seminole dispute sought in court (5/28)
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Suspended Seminole Chief to sue (6/27)
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Race part of Seminole dispute (1/29)
Seminole voters approve changes (7/7)
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