Cherokee Nation Principal Chief Chad Smith said the tribe's new constitution doesn't need to be approved by the Bureau of Indian Affairs.
Smith said the tribe's top court has ruled that federal approval is not required. But the Bush administration considers the constitution to be unapproved under the Principal Chiefs Act of 1970 and the document itself.
Smith, however, claims the Self Determination Act of 1975 implicitly overrode the Chiefs Act.
Cherokee voters approved amendments to the constitution to eliminate future federal review.
But the BIA is concerned that Freedmen, the descendants of former African slaves, were denied a chance to vote.
The tribe has been forced to enroll Freedmen but a petition is circulating to deny them citizenship. The tribe would be able to kick them out without federal review.
Get the Story:
Cherokees: Chief Disagrees: BIA asserts stance on constitution
(The Tulsa World 9/9)
Cason Letter:
Cherokee Nation
Constitution (August 30, 2006)
Cherokee Nation Judicial Appeals Tribunal Decision in Freedmen
Case:
Allen
v. Cherokee Nation (March 7, 2006)
Relevant Links:
Freedmen Of The Five Civilized Tribes - http://www.freedmen5tribes.com
Freedmen
Conference - http://www.freedmenconference.com
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(9/7)
Petition to oust
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Petition seeks vote on ousting Cherokee
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Cherokee Nation to vote
on blood quantum change (6/13)
Cherokee
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Cherokee Nation's top court approves constitution
(6/9)
Cherokee committee approves
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About 800
Cherokee Freedmen enrolled since decision (05/01)
Cherokee chief sued over vacant legal position
(04/13)
Cherokee chief criticized for stance
on Freedmen (4/6)
Two Creek Freedmen
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Creek Freedmen see opening in citizenship dispute
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Cherokee chief calls for an
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(3/15)
Editorial: Victory long overdue
for Cherokee Freedmen (3/10)
Cherokee
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Cherokee Freedmen win tribal citizenship lawsuit
(3/8)
Cherokee chief wants to sue BIA
over constitution (02/15)
Freedmen
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Ex-Cherokee councilors fined for Freedmen
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Column:
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Cherokee Nation seeks role in Freedmen lawsuit
(02/21)
Cherokee leaders blast Coburn for
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Cherokee
Freedmen caught in high-level dispute (8/20)
Cherokee Nation chief sworn in for another term
(8/15)
Seminole Freedmen rebuffed by
Supreme Court (06/29)
Cherokee
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Court tackles Seminole dispute
(9/24)
The Seminole
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Resolution of Seminole dispute
sought in court (5/28)
Court
decision rocks Seminole Nation (5/8)
Seminole's Chief Haney restored to
power (5/7)
Black Seminole
appeal planned (5/1)
Black
Seminoles dealt setback (4/30)
Opinion: Seminole Nation always
black (4/22)
A fight over
funds, race (4/4)
Seminole
Head Start funds OKed (2/6)
Seminole changes sought again
(1/16)
Ousted Seminole leader
sues tribe, BIA (12/14)
Black
Seminole issue still divisive (10/29)
Suspended Seminole Chief to sue
(6/27)
Seminole Chief Haney
suspended (6/26)
Race part of
Seminole dispute (1/29)
Seminole
voters approve changes (7/7)
Seminole vote may affect Freedmen
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