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Cherokee Nation

Native American tribe in Oklahoma, United States

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Through American Civil War, Self-determination and Sovereignty

The tribe includes people descended from members of the Old Cherokee Nation who relocated, due to increasing pressure, from the Southeast to Indian Territory and Cherokee who were forced to relocate on the Trail of Tears. The tribe also includes descendants of Cherokee Freedmen and the Natchez Nation.

The nation operates under a constitution ratified in 2003, with executive, legislative, and judicial branches. In 2020 and 2021, federal and state courts affirmed that the Cherokee Nation's reservation—spanning 14 counties in northeastern Oklahoma—was never disestablished, restoring reservation status under the McGirt v. Oklahoma precedent. The nation has jurisdiction within this territory.

The nation publishes the Cherokee Phoenix, the first Native American newspaper, and operates Cherokee language immersion schools.

The Cherokee Nation has a reservation spanning 14 counties in the northeastern corner of Oklahoma. These are Adair, Cherokee, Craig, Delaware, Mayes, McIntosh, Muskogee, Nowata, Ottawa, Rogers, Sequoyah, Tulsa, Wagoner, and Washington counties.

History

Reconstruction and the 1866 Treaty

After Cherokee removal on the Trail of Tears, the Cherokee Nation existed in Indian Territory. After the American Civil War, the United States promised the Cherokee Nation "a permanent homeland" in an 1866 treaty. In exchange, the Cherokee Nation (and the other four of the Five Civilized Tribes) gave the United States parts of its western territory that were then organized into Oklahoma Territory. Unlike most reservations, the Cherokee Nation owned fee simple title to its lands, and they were not held in trust by the United States. While the General Allotment Act had exceptions for the Five Tribes, later acts forced the Cherokee Nation to allot its reservation to members. In 1906, Congress enacted the Five Tribes Act which contemplated the dissolution of tribes, but also included a clause stating "the tribal existence and present tribal governments of [the Five Tribes] are hereby continued in full force and effect for all purposes authorized by law." In the early 20th century, courts interpreted the legislation as having dissolved tribal governments, but by the late 1970s courts shifted their interpretations to finding tribal government had never been disestablished.

Early 20th century

After the near dissolution of the tribal government of the Cherokee Nation in the 1900s and the death of William Charles Rogers in 1917, the Federal government began to appoint chiefs to the Cherokee Nation in 1919. The service time for each appointed chief was so brief that it became known as "Chief for a Day". Six men fell under this category, the first being Andrew B. Cunningham, who served from November 8 to November 25.

In the 1930s, the Franklin D. Roosevelt administration worked to improve conditions by supporting the Indian Reorganization Act of 1934, which encouraged tribes to reconstitute their governments and write constitutions. On August 8, 1938, the tribe convened a general convention in Fairfield, Oklahoma to elect a Chief. They chose J. B. Milam as Principal Chief. President Franklin D. Roosevelt confirmed the election in 1941. W. W. Keeler was appointed chief in 1949. After the U.S. government under President Richard Nixon had adopted a self-determination policy, the nation was able to rebuild its government. The people elected W. W. Keeler as chief. Keeler, who was also the president of Phillips Petroleum, was succeeded by Ross Swimmer. In 1975, the tribe drafted a constitution, under the name Cherokee Nation of Oklahoma, which was ratified on June 26, 1976. In 1985 Wilma Mankiller was elected as the first female chief of the Cherokee Nation.

1997 constitutional crisis

The Cherokee Nation was seriously destabilized in May 1997 in what was variously described as either a nationalist "uprising" or an "anti-constitutional coup" instigated by Joe Byrd, the Principal Chief. Elected in 1995, Byrd became locked in a battle of strength with the judicial branch of the Cherokee tribe. The crisis came to a head on March 22, 1997, when Byrd said in a press conference that he would decide which orders of the Cherokee Nation's Supreme Court were lawful and which were not.

A simmering crisis continued over Byrd's creation of a private, armed paramilitary force. On June 20, 1997, his private militia illegally seized custody of the Cherokee Nation Courthouse from its legal caretakers and occupants, the Cherokee Nation Marshals, the Judicial Appeals Tribunal, and its court clerks. The courts demanded the courthouse's return, but Byrd refused. The Federal authorities of the United States initially refused to intervene because of potential breach of tribal sovereignty.

Byrd was required to attend a meeting in Washington, D.C. with the Bureau of Indian Affairs, at which he was compelled to reopen the courts. Byrd served the remainder of his term but lost the 1999 election for Principal Chief to Chad Smith. He was later elected to the Tribal Council in 2013.

A new constitution was drafted in 1999 that included procedures 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. The tribe and Bureau of Indian Affairs negotiated changes to the new constitution, and it was ratified in 2003. Confusion resulted when the US Secretary of the Interior Gale Norton would not approve it. To overcome the impasse, the Cherokee Nation voted by referendum to amend its 1975/1976 Constitution "to remove Presidential approval authority," allowing the tribe to independently ratify and amend its own constitution. As of August 9, 2007, the BIA gave the Cherokee Nation consent to amend its Constitution without approval from the Department of the Interior.

21st century

Same-sex marriage

On June 14, 2004, the Cherokee Nation Tribal Council voted to officially define marriage as a union between a woman and man, thereby excluding same-sex marriage. This decision came in response to an application by a lesbian couple submitted on May 13.

On December 9, 2016, same-sex marriage was legalized through an opinion by Todd Hembree, the Cherokee Nation's attorney general. In the opinion, Hembree stated that the 2004 law violated the Cherokee Constitution, which requires equal treatment of tribal citizens. He issued the opinion because the director of the tribe's tax commission sought a decision as to whether the tribe could issue a vehicle tag to a same-sex couple married outside the tribe's jurisdiction.

Reservation reconstituted

On July 9, 2020, the United States Supreme Court ruled in a 5–4 decision that the original treaties, and promise of a reservation, with the Five Civilized Tribes (specifically the Muscogee in McGirt v. Oklahoma) were never withdrawn. This decision allowed for the restoration of the reservation status of the Cherokee Nation in a later decision. The majority opinion was held by justices Sonia Sotomayor, Ruth Bader Ginsburg, Elena Kagan, Stephen Breyer, and Neil Gorsuch. Hogner v. Oklahoma was decided on March 11, 2021, in Oklahoma Courts and found that the Cherokee Nation "reservation was established and had never been disestablished."

Cherokee Nation Principal Chief Chuck Hoskin, Jr. said: "We have long held that Cherokee Nation has a reservation, rooted in our treaties, as the Supreme Court of the United States has now affirmed" and "This proposed legislation will cement our reservation boundaries and the broad tribal jurisdiction the Supreme Court recognized in the McGirt decision. We will continue to work with the state of Oklahoma and our federal partners to ensure the safety of the public." The United Keetoowah Band of Cherokee Indians claims it has rights to the reservation as well as a "successor in interest" because they contend the original Cherokee Nation was "sunset" after "the last of its original members who signed the Dawes Roll died in 2012 at age 107." Therefore, the current Cherokee Nation is no longer the same Cherokee Nation that made the agreements with the federal government, it is only a "successor" like the UKB. However, the Cherokee Nation has argued the United Keetoowah Band's argument is legally incorrect and only the Cherokee Nation has jurisdiction to the 14 county reservation and that the United Keetoowah Band only has jurisdiction over their 76 acres of trust land.

COVID-19 pandemic

The COVID-19 pandemic struck the Cherokee Nation hard in 2020. Hundreds of Cherokee lost their lives under the pandemic. On March 18, 2021, the Cherokee Nation held a memorial to remember those Cherokee lost to the virus. The memorial honored 107 Cherokee including more than 50 Cherokee first-language speaking elders.

On August 3, 2021, the Cherokee Nation Health Services suspended elective surgeries after experiencing an 80% increase in COVID-19 cases. It also activated its "surge plan" for W.W. Hastings Hospital in Tahlequah, Oklahoma. The "surge plan" increases the in-patient capacity of the hospital by 50% by reallocating non-Intensive Care Unit space to emergency room space. The COVID-19 delta variant accounted for 80% of new cases in the nation.

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