Omar Bennett
The Cherokee Nation has had a long and complex history, with a series of constitutions shaping its government and laws. The first of these, adopted in 1827, was modelled on the US Constitution. However, despite this gesture of unity, the Cherokee Nation and the US have had a fraught relationship, with the Cherokee Nation suing the state of Georgia in 1831 to prevent it from imposing its laws on the Cherokee Nation. The Cherokee Nation has had to repeatedly assert its sovereignty, with four constitutions since 1827, the most recent of which was ratified in 2003.
| Characteristics | Values |
|---|---|
| Year of ratification | 1839 |
| Basis for the constitution | Modelled on the 1827 Constitution of the United States |
| Legislative power | Vested in two distinct branches: a Committee and a Council |
| Council composition | Only free Cherokee male citizens over 25 years old |
| Council powers | Power to make laws and regulations deemed necessary and proper for the good of the Nation |
| Election rules | No person may obtain their election through bribery, treats, or any undue and unlawful means |
| Suffrage | Boys over 18 years of age |
| Lands | Secured to the whole Cherokee people for their common use and benefit |
| Government recognition | The US government has recognised the Cherokee Nation as a "domestic dependent nation" |
Explore related products
What You'll Learn
- The Cherokee Nation's Constitution was modelled on the US Constitution
- The Cherokee Constitution has helped shape the Cherokee government
- The Cherokee Constitution has influenced the relationship between the Cherokee Nation and the US
- The Cherokee Constitution has impacted how the Cherokee Nation deals with internal disputes
- The Cherokee Constitution has played a role in shaping the Cherokee Nation's identity and culture
The Cherokee Nation's Constitution was modelled on the US Constitution
The Cherokee Nation Constitution was first modelled on the US Constitution in 1827. This was a response to the struggle with the state of Georgia, which was attempting to take over Cherokee country and impose its laws on the Cherokee Nation. The Cherokee Nation Constitution was drafted to preserve the sovereignty of the Cherokee Nation and protect its citizens' rights and lands.
The 1827 Cherokee Nation Constitution was published in the Cherokee Phoenix on February 21, 1828. It included sections on the sovereignty and jurisdiction of the government, the rights of citizens, and the structure of the General Council, which was the legislative body of the Cherokee Nation. The General Council was to be made up of free Cherokee male citizens over the age of twenty-five, and they were to have the power to make laws and regulations for the good of the Nation.
In 1839, a new Constitution was adopted, again modelled on the US Constitution, in an attempt to unify the Cherokee Nation after a period of internal disputes, violence, and political conflict over the signing of the 1835 Treaty. This Constitution was also a response to the ongoing conflict between different factions within the Nation, including those who had favoured removal to the Indian Territory and those who had opposed it. The 1839 Constitution affirmed that the Cherokee Nation was one nation, occupying the entirety of the lands it now held, and that the Reservation would be their new homeland, governed according to the terms promised by the Treaty of New Echota.
The 1839 Constitution was superseded by a new Constitution in 1976, and again in 2003, when a new Constitution was ratified by popular vote. The most recent Constitution provides the framework for the tripartite government and tribal laws of the Cherokee Nation, and it continues to be modelled on the US Constitution, reflecting the shared values of sovereignty, freedom, and prosperity.
Who Were the Slave-Owning Framers of the Constitution?
You may want to see also
The Cherokee Constitution has helped shape the Cherokee government
The Cherokee Nation has had a profound influence on the United States, with its constitution playing a significant role in shaping its government and legal system. The Cherokee Constitution, first adopted in 1827 and modelled on the US Constitution, has been a key document in the Nation's history, undergoing several iterations, with the most recent coming into effect in 2006.
The 1828 publication of the Cherokee Phoenix, which included the text of the 1827 Constitution, was a significant milestone. This constitution established a legislative power vested in two branches: a Committee and a Council, known collectively as the General Council of the Cherokee Nation. It also outlined rules for eligibility to sit on the General Council, restricted to free Cherokee male citizens over the age of 25, and outlined the powers of the General Council to make laws for the good of the Nation.
The 1839 Constitution was born out of necessity to unite the Cherokee people after contentious meetings between the Eastern Cherokees (Ross Party), Old Settlers, and the Treaty Party. This constitution established rules for the election of legislators and chiefs, common landholding, and suffrage for boys over 18. The Cherokee National Council enjoyed broad popular support, and the Nation was seen as a testament to Cherokee resilience and continuity.
The current Cherokee Nation Constitution, drafted in 1999 and ratified in 2003, provides the framework for a tripartite government and tribal laws. It supersedes the previous constitutions of 1839 and 1976, reflecting the Cherokee Nation's ongoing evolution and adaptation to changing circumstances.
The Cherokee Constitution has been instrumental in shaping the Cherokee government by providing a framework for self-governance, legislative power, and the protection of Cherokee culture and sovereignty. It has also played a role in the Nation's legal battles, such as in Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832), where the Supreme Court affirmed the Cherokee Nation's status as a "domestic dependent nation" and recognised its power to enforce its laws independently of Georgia.
Lawyers' Oath: Defending the Constitution
You may want to see also
The Cherokee Constitution has influenced the relationship between the Cherokee Nation and the US
The Cherokee Nation has had a long and often difficult relationship with the United States, with the Cherokee Constitution playing a significant role in shaping this dynamic. The Cherokee people have repeatedly asserted their sovereignty and independence, often in the face of opposition and encroachment from the US government and its laws.
The first Cherokee Constitution was adopted in 1827, modelled on the US Constitution. This was a direct response to the state of Georgia's attempts to take over Cherokee country. Georgia responded by declaring the Cherokee government abolished, claiming its citizens were subject to Georgia law. This led to the landmark Supreme Court case, Cherokee Nation v. Georgia (1831), which ruled that the Cherokee Nation was not a foreign state but a "domestic dependent nation", dismissing the case without considering Georgia's actions. This ruling had a profound impact on the relationship between the Cherokee Nation and the US, as it denied the Cherokee Nation the same legal rights and protections afforded to foreign states under US law.
Despite this setback, the Cherokee Nation continued to assert its sovereignty and independence. In 1828, the Cherokee Phoenix published the Constitution of the Cherokee Nation, outlining the legislative powers, structure, and rules of its government. This included provisions for a General Council, with each house choosing its officers, and rules for eligibility, such as requiring members to be free Cherokee male citizens over the age of twenty-five.
Internal disputes and political conflicts within the Cherokee Nation led to the signing of a new Constitution in 1839, known as the Act of Union. This constitution was created to unite the different factions within the Nation, including the Eastern Cherokees or Ross Party, the Old Settlers, and the Treaty Party. The 1839 Constitution established rules for the election of legislators and chiefs, common landholding, and suffrage for boys over eighteen.
The Cherokee Nation's resilience and commitment to self-governance continued into the 20th century, with the drafting of a new Constitution in 1999, ratified by popular vote in 2003. This constitution provides the framework for the Cherokee Nation's tripartite government and tribal laws, preserving their sovereignty and cultural identity. While the US government initially did not approve this constitution, the Cherokee Nation asserted that their past recognition of government-to-government actions constituted implicit recognition.
In summary, the Cherokee Constitution has been a powerful tool for the Cherokee Nation in its ongoing struggle for sovereignty and self-determination. It has influenced their relationship with the US by providing a framework for self-governance, asserting their rights, and shaping their legal status as a "domestic dependent nation". The Cherokee Nation's resilience and perseverance in the face of adversity are a testament to their strength and commitment to preserving their culture and independence.
Impeachment Power: Can Congress Impeach Its Own Members?
You may want to see also
Explore related products
The Cherokee Constitution has impacted how the Cherokee Nation deals with internal disputes
The Cherokee Nation has had four constitutions since 1827, with the current one drafted in 1999 and ratified in 2003. The Cherokee Constitution has impacted how the Cherokee Nation deals with internal disputes by providing a framework for its tripartite government and tribal laws.
The 1827 Constitution, modelled on that of the United States, was adopted after a multi-year struggle to protect the aboriginal homelands of the Cherokee Nation from Georgia's attempts to take over. This constitution established the legislative power as vested in two distinct branches: a Committee and a Council, with each having a negative on the other, and both comprising the General Council of the Cherokee Nation. The General Council was given the power to make laws and regulations deemed necessary for the good of the nation.
The 1839 Constitution was born out of necessity to unite the Cherokee Nation under one document after a period of internal disputes, violence, and political conflict. It established rules for the election of legislators and chiefs and affirmed that the Reservation would be the new homeland of the Cherokee Nation.
The 1999 Constitution, which came into use in 2006, provides the latest framework for the Cherokee Nation's government and laws, superseding the previous constitutions. While it has not been officially approved by the BIA as of 2011, the Cherokee Nation argues that the US government has implicitly recognised it through government-to-government actions.
The constitutions of the Cherokee Nation have thus played a significant role in shaping the nation's internal affairs, providing a basis for governance, law-making, and dispute resolution, and adapting to the changing circumstances of the Cherokee people over time.
Ranked Choice Voting: Constitutional or Unconstitutional?
You may want to see also
The Cherokee Constitution has played a role in shaping the Cherokee Nation's identity and culture
The Cherokee Nation has had a profound influence on the United States, with its constitution playing a significant role in shaping the nation's identity and culture. The Cherokee Constitution, first adopted in 1827 and modelled on the US Constitution, has undergone several iterations, with the most recent one being ratified in 2003. This constitution has guided the Cherokee Nation's government and laws, reflecting the nation's resilience and commitment to sovereignty and cultural enrichment.
The early versions of the Cherokee Constitution were instrumental in establishing the Cherokee Nation's government and legislative power. The 1828 constitution, published in the Cherokee Phoenix, outlined the structure of the General Council, with legislative power vested in a Committee and a Council. It also set out rules for eligibility, requiring free Cherokee male citizens above the age of twenty-five. This constitution was a response to Georgia's efforts to abolish the Cherokee government and impose its laws on the Cherokee Nation.
The 1839 Constitution, born from the Act of Union, was a significant milestone, unifying the Cherokee Nation after contentious meetings between the Eastern Cherokees (Ross Party) and the Old Settlers. This constitution established rules for the election of legislators and chiefs and affirmed the common holding of the Nation's lands. It also provided for suffrage for boys over eighteen. The Act of Union was a necessary step in bringing together the different factions within the Cherokee Nation and solidifying their unity.
The Cherokee Nation's resilience and commitment to sovereignty are evident in their ongoing struggle to protect their ancestral homelands and maintain their cultural identity. Despite internal disputes, violence, and political conflict, the Cherokee people have consistently worked towards self-governance and the preservation of their traditions. The constitution has been a living document, adapting to the changing needs of the nation while upholding core values.
The most recent iteration of the Cherokee Constitution, ratified in 2003, provides a framework for the tripartite government and tribal laws. It reflects the Cherokee Nation's desire to preserve its sovereignty, enrich its culture, and achieve prosperity while acknowledging the guidance of the Sovereign Ruler of the Universe. This constitution supersedes previous versions, including the 1839 Constitution and the 1976 Constitution of the Cherokee Nation of Oklahoma. The 2003 Constitution is a testament to the Cherokee Nation's enduring spirit and their commitment to shaping a government that reflects their values and traditions.
Judge's Trump Card: Immigration Policy and Constitution Clash
You may want to see also
Frequently asked questions
The Cherokee Constitution, first written in 1827 and modelled on the US Constitution, established the Cherokee Nation as a sovereign entity with its own government, laws, and legislature. The US Supreme Court's ruling in Cherokee Nation v. Georgia (1831) recognised the Cherokee Nation as a "domestic dependent nation", dismissing the case without considering the legality of Georgia's actions. This set a precedent for the Cherokee Nation's sovereignty and self-governance, which was further affirmed in the 1832 case of Worcester v. Georgia.
The Cherokee Constitution established a legislative power vested in two branches: a Committee and a Council, known collectively as the General Council. It outlined rules for the election of legislators and chiefs, land ownership, and suffrage for males over 18 years old. The Constitution also addressed eligibility requirements for holding office and outlined the powers of the General Council to make laws for the Nation's benefit.
The Cherokee Nation has had four constitutions since 1827. The first, written in 1827, was modelled on the US Constitution. The second was enacted on September 6, 1839, and established rules for governance and land ownership following internal disputes and the signing of the 1835 Treaty. The third constitution was enacted on June 26, 1976. The current constitution was drafted in 1999, ratified in 2003, and provides a framework for the tripartite government and tribal laws.
The 1839 Cherokee Constitution was significant as it united the Cherokee Nation after a period of internal disputes and political conflict. It was born out of necessity to resolve ongoing conflict between factions within the Nation, including those who opposed and favoured removal from their ancestral homelands. The Constitution established the rules for governance and reaffirmed the Cherokee Nation's sovereignty over their lands.
![The Act of union between the Eastern and Western Cherokees, the Constitution and amendments, and the laws of the Cherokee Nation, passed during the session of 1868 and subsequent sessi [Leather Bound]](https://m.media-amazon.com/images/I/61IX47b4r9L._AC_UY218_.jpg)
