Cherokee Constitution

Definition

The Cherokee Constitution, adopted in 1827, serves as the foundational legal document for the Cherokee Nation, establishing its governance structure and rights. It reflects the efforts of the Cherokee people to create a sovereign government that mirrors U.S. constitutional principles while asserting their distinct identity and autonomy.

5 Must Know Facts For Your Next Test

1. The Cherokee Constitution established a bicameral legislature, an executive branch led by a principal chief, and a judiciary, reflecting a sophisticated governmental structure.
2. It was inspired by both the United States Constitution and traditional Cherokee governance practices, showing a blend of external influences and cultural heritage.
3. Despite its establishment, the Cherokee Nation faced immense challenges from the U.S. government, including non-recognition of its sovereignty and forced removal from their lands.
4. The Constitution also included provisions for protecting individual rights and property, showcasing the Cherokees' commitment to civil rights within their community.
5. The adoption of this Constitution was a critical step in the Cherokees' efforts to resist federal encroachments and assert their legal rights during a turbulent period in American history.

Review Questions

• How does the Cherokee Constitution reflect both indigenous governance traditions and the influence of U.S. constitutional principles?
  • The Cherokee Constitution embodies a unique fusion of indigenous governance traditions and U.S. constitutional principles. It established a structured government with branches similar to those in the U.S., such as a bicameral legislature and an executive branch. However, it also retained elements of traditional Cherokee leadership roles and communal decision-making processes, demonstrating the tribe's adaptability while affirming its cultural identity amidst external pressures.
• Analyze the impact of the Treaty of New Echota on the implementation of the Cherokee Constitution and its overall significance for Cherokee sovereignty.
  • The Treaty of New Echota had profound effects on the implementation of the Cherokee Constitution as it undermined the legal framework established by the Constitution. This treaty led to the forced removal of Cherokees from their lands, an act that violated their sovereignty despite their constitutional efforts to self-govern. The treaty's ratification exemplified how federal policies could disrupt tribal autonomy and diminish the power that the Constitution sought to establish for the Cherokee Nation.
• Evaluate how the challenges faced by the Cherokee Nation in asserting their constitution impacted their subsequent legal battles and developments in Native American law.
  • The challenges encountered by the Cherokee Nation in asserting their Constitution, particularly through forced removal and non-recognition by the U.S. government, laid a foundation for later legal battles that would shape Native American law. These events underscored themes of sovereignty and self-determination that persist in contemporary legal contexts. The historical injustices faced by the Cherokees prompted significant court cases, such as Worcester v. Georgia, which set important precedents regarding tribal sovereignty and federal relations with Native American nations, influencing legal interpretations well into modern times.

Related terms

Sovereignty: The authority of a state to govern itself or another state, which is a key principle for Native American tribes in establishing their own laws and governments.

Treaty of New Echota: An 1835 agreement that led to the forced removal of the Cherokee from their ancestral lands, highlighting the conflict between federal policies and tribal sovereignty.

Indian Removal Act: A law passed in 1830 that authorized the U.S. government to relocate Native American tribes from their homelands to designated territories west of the Mississippi River, which had significant impacts on tribes like the Cherokee.