Cherokee Constitution: Inspired By The Us Constitution?

In 1827, the Cherokee Nation adopted a written Constitution modelled on that of the United States, with executive, legislative, and judicial branches, adapted to meet the needs of the Cherokee people. The Cherokee Constitution was designed to solidify the tribe's sovereignty and resist white encroachment, removal, and negative stereotyping of Native Americans as savages. The Cherokee Nation was a legal autonomous tribal government in North America recognized from 1794 to 1907. The Cherokee Constitution provided a framework for a tripartite government and tribal laws, with provisions that superseded previous constitutions.

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The 1827 Cherokee Nation Constitution was modelled on the US Constitution

The Cherokee Nation was a legal autonomous tribal government in North America recognised from 1794 to 1907. In 1827, the Cherokee Nation adopted a constitution modelled on that of the United States, with the aim of solidifying the tribe's sovereignty and resisting white encroachment and removal. The constitution was also designed to counter white stereotypes of Native Americans as savages.

The constitution proved controversial, both among the Cherokee people and with the state of Georgia, which saw it as a threat to its sovereignty over the tribe. Despite this, the Cherokee Nation continued to function as an autonomous government until 1907, when its land rights were extinguished and the state of Oklahoma was admitted to the Union.

The 1827 Cherokee Nation Constitution provided a framework for the nation's government and legal system, with the General Council acting as the legislature and the Principal Chief as the head of state. The constitution included provisions for citizenship, elections, and the powers of the government. For example, Section 12 of the constitution outlined the powers of the General Council, stating that it "shall have power to make all laws and regulations which they shall deem necessary and proper for the good of the Nation, which shall not be contrary to this Constitution."

The Cherokee Nation's constitution has evolved over time, with new constitutions adopted in 1839 and 1976 to reflect the changing needs and circumstances of the nation. Despite the dissolution of the tribal government in 1906, the Cherokee people reorganised during the late 20th century and continue to assert their sovereignty and cultural identity through their own government and constitution.

The Cherokee Constitution was designed to solidify the tribe's sovereignty

The Cherokee Nation, a legal autonomous tribal government in North America, was recognized from 1794 to 1907. In 1827, the Cherokee Nation adopted a written Constitution modelled on that of the United States, with executive, legislative, and judicial branches, adapted to meet the specific needs of the Cherokee people. The Cherokee Constitution was designed to solidify the tribe's sovereignty and resist white encroachment, removal, and negative stereotyping of Native Americans as savages.

The Cherokee Nation had a sophisticated government structure, with a Principal Chief, a National Council, and a Supreme Court. The Cherokee National Council, the Nation's legislature, enjoyed broad popular support. The Cherokee Constitution provided for a tripartite government and tribal laws, with provisions that superseded previous constitutions.

The Cherokee people had a strong sense of sovereignty and independence, which was reflected in their Constitution. They sought to protect their aboriginal homelands and resist removal efforts by the state of Georgia, which considered the Cherokee Constitution a threat to its sovereignty over the tribe. The Cherokee Constitution was a testament to the power of Cherokee resiliency and continuity in the face of external pressures and internal struggles.

The Cherokee Constitution played a significant role in shaping the Nation's history and self-governance. It provided a framework for their government and legal system, with the Principal Chief and the National Council playing crucial roles in decision-making and upholding the interests of the Nation. The Constitution also contributed to the establishment of the Cherokee Advocate newspaper, published in both English and Cherokee, using the syllabary invented by the Cherokee scholar Sequoyah, which further solidified their cultural identity and unity.

Despite the dissolution of the tribal government in 1906, the Cherokee people continued to reorganize and advocate for their rights. In 1970, Congress passed the Principal Chiefs Act, providing for the popular election of Principal Chiefs, and in 1976, the Cherokee Nation adopted a new Constitution, demonstrating their ongoing commitment to self-governance and sovereignty. In 2020, the United States Supreme Court ruled that the Cherokee Nation had never been disestablished, reaffirming their legal status and sovereignty.

The Cherokee Nation was granted legal autonomy in 1794

The Cherokee Nation was a legal autonomous tribal government in North America recognized from 1794 to 1907. During this period, the Cherokee people enjoyed self-governance and sovereignty, free from external interference. This autonomy was formalized and structured through the adoption of a written constitution, which served as the supreme legal framework for the nation.

The Cherokee Nation's constitution was drafted to assert the tribe's sovereignty and resist white encroachment, removal, and negative stereotyping of Indians as savages. It was modeled on the United States Constitution, with executive, legislative, and judicial branches, adapted to meet the unique needs of the Cherokee people. This constitution provided a framework for the nation's government and helped solidify its legitimacy.

The Cherokee Nation's legal autonomy was not without its challenges. Despite their written constitution, the Cherokee people faced persistent threats to their land and sovereignty from the state of Georgia, which sought to abolish their government and exert control over Cherokee territory. This led to a prolonged legal battle, with the Cherokee Nation filing a suit in the Supreme Court of the United States in 1831, known as Cherokee Nation v. Georgia. Unfortunately, the Court ruled that it lacked original jurisdiction in this case, as the Cherokee Nation was considered a "domestic dependent nation" rather than a foreign state.

Internal disputes, violence, and political conflict further complicated the Cherokee Nation's exercise of autonomy. Disagreements over the signing of the 1835 Treaty and the organization of the government on the Reservation divided the nation. These conflicts eventually led to the signing of a new treaty in 1846, clarifying that the Cherokee Nation encompassed all the lands it occupied and that the Reservation would be their new homeland, governed according to the terms agreed upon.

During the American Civil War, old divisions resurfaced within the Cherokee Nation. As Union forces abandoned forts near the nation's territory and Confederate forces from Texas threatened invasion, the Cherokee people, along with other Indian nations in the Indian Territory, signed treaties of alliance with the Confederacy. This decision had significant repercussions, as it nullified previous treaties made with the United States and resulted in the loss of additional land.

Despite these challenges, the Cherokee Nation's legal autonomy during this period allowed them to establish their own government, enact laws, and determine their future. It served as a testament to the resilience and perseverance of the Cherokee people in the face of external pressures and internal struggles.

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The 1835 Treaty caused internal disputes and political conflict

The 1835 Treaty, also known as the Treaty of New Echota, caused internal disputes and political conflict within the Cherokee Nation. The treaty was negotiated and signed by a delegation of the Cherokee Nation, led by John Ross, and the United States government. The Cherokee delegation agreed to submit to the Senate to fix the amount of compensation and to cede their lands east of the Mississippi River.

However, the treaty was highly controversial within the Cherokee Nation. The majority of Cherokees objected to the treaty, arguing that it had not been approved by the legal representatives of the Nation and was therefore invalid. John Ross and the Cherokee National Council begged the Senate not to ratify the treaty, but it was passed by a single vote in May 1836. This led to further internal divisions within the Nation, with Ross supporters (the "National Party") advocating resistance, while Ridge supporters (the "Treaty Party") favoured negotiation, believing that removal was inevitable. Tensions escalated, and several Treaty advocates were assassinated, including John Walker Jr.

The Treaty of New Echota resulted in the forced removal of the Cherokee people from their ancestral homelands. In 1838, the United States deployed troops under General Winfield Scott to round up the Cherokees and relocate them to the Reservation west of the Mississippi, in what became known as the Trail of Tears. During the journey and in the relocation camps, around 4,000 Cherokees perished, amounting to about one-fourth of the population.

The conflict over the treaty and the subsequent removal led to a period of internal strife and political turmoil within the Cherokee Nation. The Nation struggled to organise its government on the Reservation, with ongoing conflict between Cherokees who had voluntarily migrated, those who had resisted removal, and those who had been forcibly removed. This eventually led to the signing of a new treaty with the United States in 1846, affirming the unity and rights of the Cherokee Nation in their new homeland.

The 1902 allotment agreement provided tribal citizens with 40 acres of untaxable land

The Cherokee Nation, a legal autonomous tribal government in North America, was recognised from 1794 to 1907. In 1827, the Cherokee Nation adopted a written Constitution modelled on that of the United States. The US Constitution served as a framework for the Cherokee Nation's government structure and laws.

In 1887, the US Congress passed the General Allotment Act, also known as the Dawes Act. This Act authorised the president to survey and divide Native American tribal lands into individual allotments. While the Five Civilized Tribes, including the Cherokee, were initially exempt from the Dawes Act, the Cherokee Nation entered into an allotment agreement in 1902.

The 1902 allotment agreement, passed by Congress as the Cherokee Nation allotment act, provided tribal citizens with 40 acres of untaxable and inalienable land for homesteads. This meant that the land could not be sold for 21 years. In addition, each citizen received 70 acres of surplus land, which was inalienable for five years. This agreement was in line with the General Allotment Act, which typically allotted 40 to 160 acres of land to individual Native Americans.

The 1902 allotment agreement had significant implications for the Cherokee Nation. The agreement led to the dissolution of the tribal government in 1906, and the inclusion of the Cherokee Nation Reservation within the newly admitted state of Oklahoma in 1907. The loss of land ownership and self-governance disrupted the Cherokee Nation's social and cultural fabric, echoing the broader negative impacts of allotment policies on Native American communities.

While the 1902 allotment agreement provided Cherokee citizens with a degree of land ownership and autonomy, it ultimately contributed to the erosion of the Cherokee Nation's sovereignty and way of life. The allotment agreement was part of a broader historical context of land dispossession and assimilation policies enacted by the US government, which had lasting consequences for Native American tribes, including the Cherokee Nation.

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