Isabella Carter
The Cherokee Nation has had several constitutions throughout its history, each aiming to preserve the sovereignty and cultural identity of the Cherokee people. The first Cherokee Nation Constitution was established in 1827, modelled on the US Constitution with adaptations to fit Cherokee needs. However, this constitution was superseded in 1839 due to ongoing internal conflicts within the nation. Another constitution was drafted in 1975 under the name Cherokee Nation of Oklahoma, ratified in 1976, and later superseded by the 1999 constitution, which was ratified in 2003. The most recent constitution includes mechanisms for voters to remove officials, changes the structure of the tribal council, and removes the need for the Bureau of Indian Affairs' permission to amend the constitution.
| Characteristics | Values |
|---|---|
| Date of discard | June 26, 1976 |
| Reason for discard | To supersede the 1839 Constitution |
| Reason for superseding | Internal disputes, violence, and political conflict |
| New constitution | Cherokee Nation of Oklahoma |
| New constitution characteristics | Voters could remove officials, changed the structure of the tribal council, and removed the need for permission to amend the constitution |
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What You'll Learn
The 1827 Constitution was controversial
The 1827 Constitution of the Cherokee Nation was controversial for several reasons. Firstly, it was modelled on the US Constitution, with executive, legislative, and judicial branches, which some Cherokee people saw as a threat to their traditional ways. This constitution aimed to solidify the tribe's sovereignty and resist white encroachment, removal, and negative stereotyping of Native Americans as savages. However, it proved controversial among the Cherokee people, with some believing it posed a threat to their customs and traditions.
Secondly, the state of Georgia, which had sovereignty over the tribe, viewed the 1827 Constitution as a challenge to its authority. Despite the adoption of this constitution, Georgia continued its relentless pursuit of Cherokee removal. This removal was a significant source of conflict and led to internal disputes, violence, and political struggles within the Cherokee Nation.
The 1827 Constitution also included specific provisions that contributed to its controversial nature. For example, it stated that only free Cherokee male citizens above the age of twenty-five were eligible for a seat on the General Council. Additionally, it specified that descendants of Cherokee men by free women, except those of the African race, would be entitled to all rights and privileges of the Nation. At the same time, it excluded individuals of negro or mulatto parentage from holding specific offices.
Furthermore, the 1827 Constitution defined the boundaries of the Cherokee Nation, stating that they would remain unalterably the same. It asserted the sovereignty and jurisdiction of the Cherokee government over these lands, designating them as the common property of the Nation. These provisions were likely seen as a direct challenge to Georgia's sovereignty claims and contributed to the ongoing tensions between the Cherokee Nation and the state.
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Internal disputes and political conflict
The Cherokee Nation's constitution was drafted in 1999 and ratified in 2003. This superseded the previous constitutions of 1839 and 1976. The 1976 constitution had been ratified by popular vote, and it provided a framework for a tripartite government and tribal laws. However, the Cherokee Nation has had a long history of internal disputes, violence, and political conflict, which has led to the evolution of its constitution.
The first Cherokee constitution was adopted in 1827, modelled on that of the United States with executive, legislative, and judicial branches, but adapted for Cherokee needs. This constitution was designed to solidify the tribe's sovereignty and resist white encroachment and removal. However, it proved controversial, with some Cherokees seeing it as a threat to tradition and the state of Georgia believing it threatened its sovereignty over the tribe. This led to the pursuit and implementation of Cherokee removal.
After the survivors of the removal were reunited in the Cherokee Reservation in the Indian Territory (present-day eastern Oklahoma), there were internal struggles between the pre-removal immigrants, those who had favoured removal, and those who had opposed it. This led to the signing of a new treaty in 1846, which clarified that the Cherokee Nation was one nation with the entirety of the lands it now occupied secured for the whole Cherokee people.
The outbreak of the American Civil War in 1861 revived old divisions within the Nation, as they were forced to sign treaties of alliance with the Confederacy. In the 20th century, the inclusion of the Cherokee Nation Reservation within the new state of Oklahoma and the refusal of some local federal officials to support tribal self-government impeded the Nation's government.
In the late 20th century, there was an "anti-constitutional coup" instigated by Joe Byrd, the Principal Chief, who became locked in a power struggle with the judicial branch of the Cherokee tribe. This led to a new constitution being drafted in 1999, which included mechanisms for voters to remove officials from office, changed the structure of the tribal council, and removed the need to ask the Bureau of Indian Affairs' permission to amend the constitution.
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The American Civil War
The Civil War also indirectly led to the emancipation of slaves in the United States, which included African American slaves owned by citizens of the Cherokee Nation. In the aftermath of the war, a new treaty was made in 1866 with the United States, guaranteeing citizenship to the Cherokee Freedmen.
The Cherokee Nation had adopted a constitution in 1827, modelled on that of the United States with executive, legislative, and judicial branches, but adapted to Cherokee needs. This constitution was designed to solidify the tribe's sovereignty and resist white encroachment and removal. However, it proved controversial, both within the Cherokee Nation and with the state of Georgia, which saw it as a threat to its sovereignty over the tribe.
Internal disputes, violence, and political conflict over the signing of the 1835 Treaty and how to organise the Cherokee Nation's government persisted. This eventually led to the adoption of a new constitution in 1839, which was superseded by another in 1976. The 1976 constitution was drafted in the wake of the Cherokee Nation's destabilisation in 1975 and the election of Joe Byrd as Principal Chief, which led to a power struggle with the judicial branch of the tribe.
The most recent constitution was drafted in 1999, ratified in 2003, and included mechanisms for voters to remove officials from office, changed the structure of the tribal council, and removed the requirement for permission from the Bureau of Indian Affairs to amend the constitution.
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The Principal Chiefs Act
The Cherokee Nation's constitution was superseded in 1976 by a new constitution, which was drafted in 1975 under the name "Cherokee Nation of Oklahoma". This was due, in part, to the passing of the Principal Chiefs Act in 1970, which provided for the popular election of the Principal Chiefs of the Cherokee, Chickasaw, Choctaw, Creek, and Seminole Nations.
The Act was a crucial step in the Cherokee Nation's efforts to protect and advance the rights and interests of its citizens. It provided for the popular election of the Principal Chiefs, which was a significant shift towards greater democracy and self-determination for the Nation. The Act also likely played a role in the drafting and ratification of the new constitution in 1975-1976, which further strengthened the Cherokee Nation's sovereignty and self-governance.
The 1976 Constitution superseded the previous constitutions of 1839 and 1976, and it provided a framework for the Cherokee Nation's tripartite government and tribal laws. However, it faced challenges and controversies, including an "anti-constitutional coup" instigated by Joe Byrd, the Principal Chief, in 1997. This led to a new constitution being drafted in 1999, which included mechanisms for voters to remove officials from office, changed the structure of the tribal council, and removed the need for permission from the Bureau of Indian Affairs to amend the constitution. The 1999 constitution was ratified in 2003, and it remains the governing framework for the Cherokee Nation today.
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The 1975/1976 Constitution was amended
The 1975/1976 Constitution was drafted under the name of the Cherokee Nation of Oklahoma and was an important step in rebuilding the Cherokee Nation's government. The 1975/1976 Constitution superseded the 1839 Constitution, which had been in place since the Cherokee Nation settled in the Indian Territory (present-day eastern Oklahoma) and was modelled on the US Constitution. The 1839 Constitution provided the framework for the Cherokee National Council, the Nation's legislature, and established the role of Principal Chief.
The 1999 constitution was drafted in response to the crisis caused by Byrd's refusal to recognise the authority of the Cherokee Nation's Supreme Court and his battle with the judicial branch of the Cherokee tribe. The new constitution aimed to strengthen the tribal government and protect the rights and interests of the Nation's citizens.
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Frequently asked questions
The 1839 Constitution of the Cherokee Nation was superseded by a new constitution in 1976, which was drafted in 1975 under the name Cherokee Nation of Oklahoma. This was due to internal disputes, violence, and political conflict over the signing of the 1835 Treaty and how to organise the Cherokee Nation government on the Reservation.
The 1976 Constitution was discarded due to an "anti-constitutional coup" instigated by Joe Byrd, the Principal Chief, in 1997. Byrd lost the election for Principal Chief in 1999, and a new constitution was drafted that year.
The 1999 constitution was drafted to include mechanisms for voters to remove officials from offices, change the structure of the tribal council, and remove the need to ask the Bureau of Indian Affairs' permission to amend the constitution.
![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)
