Cherokee Nation high court strikes ‘by blood’ from Constitution
Published 12:00 pm Sunday, February 28, 2021
TAHLEQUAH, Oklahoma – The Cherokee Nation Supreme Court decision on Feb. 22 to strike the words “by blood” from the CN Constitution as a condition for citizenship is drawing both criticism and praise from tribal officials.
Cherokee Nation Principal Chief Chuck Hoskin Jr. shared his thoughts during a Tribal Council meeting that evening.
“You read this decision, you get a sense of fulfilling a promise that our ancestors made 155 years ago in the Treaty of 1866. I think a great nation ought to be a Nation of its word, and I think the decision today reflects that we are a Nation that keeps its word,” said Hoskin.
The decision goes back to 2017, when a federal court determined descendants of Freedmen, slaves once owned by members of the Cherokee Nation, have a right to tribal citizenship based of the Treaty of 1866. Attorney General Sara Hill requested the tribe’s Supreme Court issue a ruling.
In doing so, the court denied a motion by tribal councilors to intervene in the 2017 case. It had originally ruled in 2017 that the 2007 amendment to the CN Constitution limiting citizenship to Cherokees by blood, and Delaware Cherokees and Shawnee Cherokees, was void. That led to the tribe’s accepting descendants of Freedman to register as citizens.
District 3 Tribal Councilor Wes Nofire claimed it was Hoskin who initiated the court request, and voiced opposition to a budget modification that apparently gave way to a 140 percent salary increase for tribal justices.
“It is the supreme law of the land, written by the Cherokees who faced all sorts of adversities to protect the entire Cherokee people, and the chief just struck that out of their hands and slapped it out of their mouth,” said Nofire, who voted against the budget modification that passed.
Hoskin gave a rebuttal to Nofire’s accusation.
“I perhaps overestimated whether [Nofire] had actually read the decision, because his rendition of the facts are so far removed from reality that it’s difficult to know where to begin, not the least of which is that the court decision was made not on my action, but on the action of the attorney general,” said Hoskin. “I would encourage the gentleman to actually read the decision. It might be enlightening.”
In a Rules Committee meeting on Feb. 25, Nofire again complained about the ruling, saying the Cherokee Nation is not obligated to stand by this treaty because it contradicts the tribe’s constitution, which requires citizens to maintain a blood quantum by having at least one ancestor on the Dawes Rolls.
Hill told the Tribal Council that if the Cherokee Nation expects the U.S. to honor its treaties, it must do the same, but Nofire continued to disagree on “principle.”
“Only the people have the right to strike the Constitution. That is a question for the people to decide, not the courts,” said Nofire.
The Cherokee Nation also received national attention recently after Hoskin said it’s time for Jeep to stop using its name for the Cherokee and Grand Cherokee SUVs. He reportedly said the vehicle company’s use of the name “does not honor us be having our name plastered on the side of a car.”
“The best way to honor us is to learn about our sovereign government, our role in this country, our history, culture, and language and have meaningful dialogue with federally recognized tribes on cultural appropriateness,” Hoskin said.
While it is unclear whether Jeep will discontinue the use of “Cherokee” for its best-selling models, the company has expressed commitment to having open dialogue with Hoskin.