Cherokee attorney offers take on âby bloodâ removal
STILWELL â An attorney familiar with the Cherokee Nationâs long and at times bitter relationship with freed slaves and their descendants says the CN Supreme Courtâs removal of a âby bloodâ requirement is a milestone for civil rights within the tribe.
âThis is not only a great day for civil rights activists in Cherokee Nation, itâs a great day for our judicial process,â CN citizen and Stilwell-based attorney Ralph Keen II said. âNow the judicial process recognizes that even though yes, we live within the framework of our own Cherokee law, we still have a higher responsibility and weâre still subjugated to federal law and we canât violate that.â
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In a historic ruling on Feb. 22, the Cherokee Nation Supreme Court struck the term “by blood” from its constitution and laws. Credit:
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Editor’s note: An earlier version of this story originally appeared on KOSU. It has been updated with additional material for its airing on The World.
In a historic ruling on Feb. 22, the Cherokee Nation Supreme Court struck the term “by blood” from its constitution and laws.
The decision effectively ends a decadeslong debate over citizenship status in the largest tribe in the country.
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Citizenship in the Cherokee Nation is not based on blood. Still, the language in the tribe s laws, constitution, and policies is central to an ongoing cultural and legal debate over whether the descendants of Cherokee Freedmen, who were formerly enslaved by the tribe, should be considered tribal members. The recent ruling upholds the 1866 treaty that the tribal nation signed with the federal government affirmi
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Citizenship in the Cherokee Nation is not based on blood, but still, language in the tribe s laws, constitution, and policies was central to an ongoing cultural and legal debate over whether the descendants of Cherokee Freedmen, those formerly enslaved by the tribe, were considered tribal members. Monday s unanimous ruling upholds the 1866 treaty the tribal nation signed with the federal government affirming their right to citizenship. One hundred and fifty-five years after the 1866 treaty, Native Cherokees must fully step into the promise they made on the ‘far end of the Trail of Tears,’ Cherokee Nation Supreme Court Justice Shawna Baker wrote, referencing the U.S. Supreme Court’s