Cherokee Constitution: A Reflection Of Us Constitution?

The Cherokee Nation has had several constitutions throughout its history, some of which were modelled on the US Constitution. The first of these was the 1827 Constitution, which was drafted in New Echota, Georgia, and included an elected principal chief, a senate, and a house of representatives. This constitution was superseded by the 1839 Constitution, which was signed after contentious meetings between two Cherokee factions and included rules for the election of legislators and chiefs and common holding of the lands of the Nation. The 1839 Constitution was later replaced by the 1975 Cherokee Constitution, which included a Bill of Rights, specifications for tribal citizenship, and rules for council meetings. The most recent Cherokee Nation Constitution was drafted in 1999 and ratified in 2003 by popular vote, providing a framework for the nation's tripartite government and tribal laws.

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Both Constitutions have three branches of government

The Cherokee Nation has had several constitutions over the years, with the most recent one being drafted in 1999 and ratified in 2003 by popular vote. This constitution provides a framework for a tripartite government, similar to the US Constitution.

The 1827 Cherokee Constitution, modelled on that of the United States, also had three branches of government: executive, legislative, and judicial. The legislative branch was further divided into two distinct entities, a Committee and a Council, which together formed the General Council of the Cherokee Nation. This General Council had the power to make laws and regulations deemed necessary for the good of the Nation, mirroring the US Congress's law-making powers.

The 1839 Cherokee Constitution, which superseded the 1827 version, was created after contentious meetings between two Cherokee factions. It established rules for the election of legislators and chiefs, as well as common landholding for the Nation. The 1839 Constitution was also divided into three branches of government, with an elected principal chief, a senate, and a house of representatives.

The 1975 Cherokee Constitution, signed by Principal Chief Ross Swimmer, superseded the 1839 Constitution and again outlined three branches of government: executive, legislative, and judicial. This constitution also included a Bill of Rights, specifications for tribal citizenship, tribal elections, qualifications for elected office, and rules for council meetings.

While the specific details of each constitution differ, the consistent presence of three branches of government in both the Cherokee Constitutions and the US Constitution demonstrates a shared belief in the importance of checks and balances within a democratic system.

Both have a system of checks and balances

The Cherokee Nation's 1839 Constitution was modelled on the 1827 Constitution, which was in turn influenced by the US Constitution. Both the Cherokee and US Constitutions have a system of checks and balances, with distinct branches of government that have the power to influence and control each other.

The 1827 Cherokee Constitution established a General Council with legislative power, consisting of two branches: a Committee and a Council. Each branch had the power to veto the other, creating a system of checks and balances. This is similar to the US Constitution's system of separation of powers, with executive, legislative, and judicial branches that provide a balance of power.

The 1839 Cherokee Constitution further developed this system of checks and balances. It outlined a structure of government that included an elected principal chief, a senate, and a house of representatives. This three-branch system is comparable to the US Constitution's framework of executive, legislative, and judicial branches.

The Cherokee Constitutions also included provisions for the election of legislators and chiefs, as well as rules for council meetings and the passing of laws. These aspects contributed to the system of checks and balances by ensuring a transparent and democratic process.

The Cherokee Nation's Constitutions, both in 1827 and 1839, demonstrate a clear influence from the US Constitution in their adoption of a system of checks and balances. This system aimed to provide a balance of power and prevent the concentration of authority in a single branch or individual.

It is worth noting that the Cherokee Nation has continued to revise and adapt its constitution over time. The most recent constitution, ratified in 2003, provides a framework for a tripartite government and tribal laws, showcasing the enduring importance of a balanced and effective system of governance within the Cherokee Nation.

Both have a council with legislative power

The Cherokee Nation has had several constitutions over the years, with the first being adopted in 1827, modelled on that of the United States. The most recent constitution was drafted in 1999 and ratified in 2003 by popular vote.

The 1827 Cherokee Constitution established a General Council, which was the legislative branch of the government. This was similar to the US Congress, which also has a legislative function. The General Council was composed of a Committee and a Council, each with the power to veto the other, and both styled as the General Council of the Cherokee Nation. The US Congress is also divided into two chambers, the House of Representatives and the Senate, which have similar powers of legislation and veto.

The Cherokee General Council had the power to make laws and regulations that it deemed "necessary and proper for the good of the Nation", as long as they did not contradict the Constitution. Similarly, the US Congress has the power to make laws that are "necessary and proper" under the US Constitution. The Cherokee Council also had the power to lay and collect taxes, similar to Congress's power to lay and collect taxes under the US Constitution.

The Cherokee Constitution outlined the qualifications for membership in the General Council. Only free Cherokee male citizens over the age of 25 were eligible to hold a seat. The US Constitution also outlines qualifications for members of Congress, including age and citizenship requirements.

The General Council played a crucial role in the governance of the Cherokee Nation, just as Congress does in the United States. The Council was responsible for making laws, resolving disputes, and overseeing the Nation's finances. Similarly, Congress has the power to make laws, conduct oversight, and appropriate funds for the nation's expenses.

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Both have a chief executive

The Cherokee Nation has had several constitutions over the years, with the most recent one being drafted in 1999 and ratified in 2003. However, the focus here will be on the 1827 and 1839 constitutions, which were modelled on the US Constitution.

Both the US Constitution and the 1827 Cherokee Constitution provide for a chief executive. In the US, this is the President, who is both the head of state and the head of government. The President is responsible for executing the laws passed by Congress and has the power to appoint federal judges, among other duties and responsibilities.

Similarly, the 1827 Cherokee Constitution established an elected Principal Chief, who was the head of the Cherokee Nation's government. The Principal Chief worked alongside the senate and the house of representatives to govern the Cherokee Nation.

The 1839 Cherokee Constitution, which was preceded by the 1827 Constitution, also provided for a Principal Chief. This constitution was signed after contentious meetings between two Cherokee factions – the Eastern Cherokees or the Ross Party, and the Old Settlers. The Principal Chief John Ross, who had led the Ross Party, continued to serve under the new constitution.

The existence of a chief executive in both the US Constitution and the Cherokee Constitutions of 1827 and 1839 is a key similarity between the governing documents of the two nations. This chief executive plays a crucial role in executing the laws and governing the nation, whether it is the US President or the Cherokee Principal Chief.

Both have a judiciary

The Cherokee Nation has had several constitutions over the years, and both the 1827 and 1839 Cherokee Constitutions featured a judiciary, similar to the U.S. Constitution.

The 1827 Cherokee Constitution was modelled on that of the United States, with executive, legislative, and judicial branches, adapted for Cherokee needs. It was designed to solidify the tribe's sovereignty and resist white encroachment, removal, and negative stereotyping of Indians as savages. The 1839 Constitution was preceded by the 1827 Constitution, which was drafted on July 26, 1827, in New Echota, Georgia. The 1839 Constitution was signed on September 6, 1839, and contained rules for the election of legislators and chiefs, common holding of the lands of the Nation, and suffrage for boys over 18 years of age. It was created after contentious meetings between two Cherokee factions: the Eastern Cherokees or the Ross Party, and the Old Settlers.

The Cherokee Nation's 1839 Constitution ceased to govern the tribe in 1898 when the Curtis Act instituted by the federal government dissolved tribal governments in Indian Territory to assimilate tribes and prepare for Oklahoma statehood, which came in 1907. The federal government played a paternalistic role for the Cherokee people until 1971, choosing their chiefs and dictating tribal matters.

In 1971, William Wayne Keeler, the tribe's first elected chief since 1903, presided over the drafting of a new Cherokee constitution. The 1975 Cherokee Constitution, signed by Principal Chief Ross Swimmer in October 1975, superseded the 1839 Constitution. The new constitution contained a Bill of Rights, specifications for tribal citizenship, three branches of government (executive, legislative, and judicial), tribal elections, qualifications for elected office, and rules for council meetings.

The most recent Cherokee Nation Constitution was drafted in 1999 and ratified in 2003 by popular vote. It provides the framework for a tripartite government and tribal laws.

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