Cherokee National Council

Cherokee National Council
Name	Cherokee National Council
Legislature	Cherokee Nation
House type	unicameral
Foundation	1827
Leader1 type	Principal Chief
Members	Variable
Meeting place	Tahlequah, Oklahoma

Cherokee National Council is the principal legislative body historically associated with the Cherokee Nation, originating in the 19th century and continuing into contemporary tribal political life. The Council has intersected with landmark events and figures such as the Trail of Tears, the Treaty of New Echota, and the administrations of leaders like John Ross and Major Ridge. Its evolution reflects interactions with entities including the United States Congress, the Supreme Court of the United States, and regional actors such as the Five Civilized Tribes.

History

The Council's institutional origins trace to early constitutional experiments following contacts with Missionaries in the Cherokee Nation, influenced by engagements with the American Board of Commissioners for Foreign Missions, the United States Army, and diplomatic negotiations with agents of the United States Indian Agency. Early milestones include adoption of the 1827 Cherokee constitution amid debates featuring John Ridge, Elias Boudinot, and Wilkinson Callis; the resulting political conflict culminated in the contested Treaty of New Echota and the forced removal known as the Trail of Tears. During the Civil War era the Council navigated alignment choices involving the Confederate States of America and the Union Army, with key actors like Stand Watie and John Ross shaping policy. Postwar reconstruction engaged with the United States Congress, the Bureau of Indian Affairs, and landmark legal decisions such as Worcester v. Georgia that affected sovereignty. In the 20th century federal policies including the Dawes Act and the Curtis Act disrupted tribal institutions, prompting reconstitutions tied to the Indian Reorganization Act and later litigation before the United States District Court for the Eastern District of Oklahoma. Modern history involves decisions impacted by lawsuits brought to the Tahlequah Federal Court and rulings from the United States Court of Appeals for the Tenth Circuit.

Structure and Membership

Historically the Council was a unicameral assembly composed of representatives elected from districts that corresponded to Cherokee territorial divisions, interacting with officials like the Principal Chief and the National Council Speaker. Membership criteria have involved provisions in constitutions debated alongside leaders such as Sequoyah and John Springston, and electoral contests have featured figures like Wilma Mankiller and Bill John Baker. Districts mirrored regions connected to settlements such as Tahlequah, Catoosa County, and areas formerly in North Carolina and Georgia, reflecting ties with neighboring polities including the Cherokee Nation of Oklahoma and the Eastern Band of Cherokee Indians. Council operations historically coordinated with civil servants in the Bureau of Indian Affairs and tribal departments like health and commerce agencies overseen by administrations including that of Ross Swimmer.

Legislative Powers and Procedures

The Council's legislative authority, as defined in Cherokee constitutions and amendments, governs matters such as tribal citizenship, land allotment resolutions, and internal codes, interacting with federal statutes enacted by the United States Congress and judicial interpretations by the Supreme Court of the United States. Procedural rules evolved to include committee systems similar to those in legislatures such as the United States House of Representatives and mechanisms for oversight related to budgets comparable to processes in the Office of Management and Budget. Legislative output has addressed treaties like the Treaty of New Echota and statutory frameworks that respond to federal acts like the Indian Self-Determination and Education Assistance Act and the Indian Civil Rights Act. Rules of order and parliamentary precedent were influenced by texts used in bodies such as the Senate of the United States and practices from state legislatures in Oklahoma and Arkansas.

Role in Cherokee Nation Government

Within the Cherokee Nation polity the Council functions alongside offices such as the Principal Chief, the Judicial Branch of the Cherokee Nation, and tribal administrative departments modeled after state governments like the State of Oklahoma. The Council enacts laws that shape relations with enterprises such as the Cherokee Nation Businesses and social programs administered in coordination with agencies like the Indian Health Service and educational institutions including the Northeastern State University and the University of Oklahoma. The balance of power has been tested in disputes involving tribal constitutions, executive orders issued by chiefs such as Joe Byrd (Cherokee) and Guest Chiefs, and litigation before courts including the Cherokee Nation Supreme Court.

Major Legislation and Actions

Significant Council measures include statutes addressing citizenship criteria, responses to federal policies like the Dawes Act, creation of institutions for health and education paralleling programs from the Department of Health and Human Services, and economic initiatives linked to enterprises comparable to the Seminole Nation of Oklahoma businesses. The Council has passed codes governing policing and judicial administration, enacted resolutions related to land claims similar to complaints heard in the United States Court of Federal Claims, and adopted emergency measures during crises like the Great Depression and public health emergencies involving the Centers for Disease Control and Prevention.

Relations with Other Governments

Intergovernmental relations have spanned negotiations with the United States Department of the Interior, compacts with the State of Oklahoma, and collaborative arrangements with neighboring tribes such as the Choctaw Nation of Oklahoma and the Creek Nation (Muscogee) over issues like natural resources and gaming regulated by the National Indian Gaming Commission. Internationally, the Council has engaged with delegations to bodies like the United Nations and advocacy before federal entities including testimony to the United States Senate Committee on Indian Affairs.

Modern Developments and Reforms

Recent decades have seen constitutional reforms, litigation involving tribal membership and jurisdiction adjudicated in courts such as the United States Supreme Court and appellate tribunals, and administrative modernization influenced by federal programs like the Indian Self-Determination and Education Assistance Act. Leadership reforms under chiefs including Bill John Baker and Chuck Hoskin Jr. have prompted changes in transparency, elections, and economic development that interface with institutions such as the Securities and Exchange Commission when enterprises expand. Contemporary priorities include health, education, and economic sovereignty coordinated with agencies like the Indian Health Service and partnerships with academic centers such as the University of Arkansas.

Category:Cherokee Nation