Chad Smith
Cherokee Nation Principal Chief
June 09, 2007 04:01 pm
—
Today, American Indians stand at a crossroad in history. We have endured generations of genocide, forced assimilation and other threats to our survival as distinct peoples.
Only in the last 30 years could we trust that our right to self-government would not be overridden for the sake of self-interest by those who sought to control us and our lands because of the Indian Self-determination Act of 1975.
One of the most central features of true self-government is the right to determine what is in our own Constitution. Today, some seek to compromise Indian self-government, and Cherokee voters should send a clear message on June 23 that the right of Indian self-government is not negotiable. Cherokees should vote yes again on June 23 to remove federal oversight and approval of our Cherokee Nation Constitution.
The history that has led to this moment is well documented. For more than 40 years, the Cherokee Nation has worked to rejuvenate its heritage and reaffirm a cultural identity damaged by more than a century of federal policies — including BIA policies — aimed at assimilating Native Americans and stripping us of our identities. In the course of this effort, the Cherokee Nation thoughtfully considered the crucial question on what it means to be a nation.
In 2003, our voters agreed that a sovereign Nation does not grant another nation the power of approval over its constitutional process. They amended our 1975 Constitution to revoke a provision that had been voluntarily included in the original document, giving the federal government a role in approving our constitutional amendments.
Our tribal courts later ruled that because the provision had been self-imposed, it could be revoked at the people’s will. And it was overwhelmingly.
The BIA, therefore, has no inherent “right” to approve or reject our Constitutional amendments.
It is worth noting further that nowhere in the historical paper trail articulating the Cherokee Nation’s relationship with the United States is the United States granted authority to approve Cherokee Nation constitutional language. In particular, the 1866 treaty does not grant that authority. It was solely a voluntary provision by the people themselves in 1975, and they have now revoked it. It should be noted that no other government in the United States, including state, county or city governments, must submit their laws to a federal agency for approval.
Meanwhile, the BIA does not treat every tribe’s constitution as subject to federal approval. They do not, for example, have the right to approve the Constitution of the Muscogee (Creek) Nation, our close neighbor in Muskogee.
Cherokee Nation must not have its sovereign right to self-governance infringed upon because of a voluntary provision now removed from our Constitution, while the same right for other tribes is treated as absolute.
Some would have you believe that this is a racial issue. It is not.
What is fundamentally at stake in this matter is for Indians to be able to decide for ourselves the content of our Constitution. This right lies at the core of self-governance and tribal identity.
So enough patronage and paternalism. Enough broken promises. Enough Trails of Tears.
On June 23, the Cherokee Nation must stand strongly against efforts to turn back the clock on Indian self-government. For in the end, self-government is our only safeguard against our destruction as a people.
Chad Smith is principal chief of the Cherokee Nation.
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