The Cherokee Nation’s constitutions have evolved over time, reflecting the interplay between cultural preservation and political necessity. As Chadwick “Corntassel” Smith details in Cherokee Nation: Proceed Undaunted, constitutional amendments are not merely legal adjustments but significant markers of the Cherokee people’s efforts to navigate changing realities while staying true to their identity.
The 1827 Constitution: A Cultural and Political Milestone
The Cherokee Nation’s first written constitution in 1827 marked a bold step in asserting sovereignty. While inspired by the U.S. Constitution, it incorporated Cherokee principles of consensus and communal governance. This foundational document symbolized both a commitment to preserving cultural identity and the necessity of presenting a unified front against external threats, such as the U.S. government’s encroachments.
The 1975 Constitution: Revitalization Through Amendments
After decades of dormancy caused by federal policies, the 1975 Constitution heralded a new era of self-governance. It included provisions that emphasized cultural preservation, such as protecting the Cherokee language and traditions. However, as Smith explains, amendments to this constitution also reflected political pragmatism, such as ensuring compliance with federal laws to secure funding and recognition.
The balance struck in this period demonstrated the Nation’s ability to adapt while maintaining its core values—a lesson for other governments managing cultural and political tensions.
Controversial Amendments: The 2007 and 2021 Decisions
Smith delves into two significant and contentious amendments. The 2007 amendment affirmed a Cherokee by book requirement for citizenship eligibility which excluded descendants of Cherokee Freedmen who lacked Cherokee blood. This decision, later overturned, highlighted the complexities of defining identity in a way that aligns with historical and cultural principles.
The 2021 Nash case introduced another layer of controversy, as the Supreme Court amended the Constitution to remove the “by blood” requirement for citizenship without public approval. While the decision aimed to address inclusivity, it raised questions about the process and its alignment with the Cherokee people’s will.
Striking the Balance
Constitutional amendments within the Cherokee Nation underscore the delicate balance between preserving cultural values and addressing political necessities. Each amendment reflects the Nation’s response to external pressures, such as federal oversight, and internal debates about identity and governance. As Smith notes, the process of amending the Constitution is as important as the outcomes, as it must uphold transparency and the will of the people. The Cherokee Nation’s constitutional journey is a masterclass in adaptability and resilience. By examining amendments through the lens of cultural preservation and political necessity, Cherokee Nation: Proceed Undaunted offers insights into how Indigenous nations and modern governments alike can navigate the complexities of governance. For the Cherokee people, each amendment is a testament to their enduring commitment to sovereignty, identity, and the principles that define their Nation.