Posts filed under Cherokee Nation

ICWA Case before US Supreme Court 2013

As promised, here's more detail on the Baby Veronica case involving the Cherokee Nation.  The Supreme Court of South Carolina declined to finalize the adoption and the biological father, a Cherokee citizen, now has custody of the child.  Here's the South Carolina decision.  The United States Supreme Court granted cert and will hear the case in April.  Two provisions of the federal Indian Child Welfare Act are at issue.  

Posted on February 17, 2013 and filed under Cherokee Nation, Federal Courts, State or Federal Politics.

10th Circuit Case on Cherokee Nation's Newborn Citizenship Law

The Cherokee Nation has an automatic 240 day citizenship that attaches to any newborn who is a descendant of the Dawes Rolls.  This was enacted to ensure that newborns are Cherokee citizens subject to the Indian Child Welfare Act's protections and presumes that the parents will make a decision whether the enroll the child as a Cherokee citizen during their infancy.  I would like to see our Nation go one step further and simply have natural born citizenship laws like other sovereigns throughout the globe, but that's an aside.  The decision from the the Tenth Circuit is here.  The federal court does not like the idea of this "temporary citizenship" for inclusion in protections of a federal statute. My question for tribal legal reform:  why have people "enroll" a child as a citizen in the first place?  Why not have Cherokee Nation laws that automatically extend citizenship to children who are eligible for citizenship and if someone chooses to disavow their citizenship, go thru the administrative process to renounce citizenship?  When tribes requires someone to "enroll" as members/citizens of the Nation, it contributes to the idea the tribal citizenship is inferior to other citizenship.  I envision this sequence:  Citizenship by birth, followed by a Cherokee Nation Birth Certificate and/Cherokee Nation ID card for documentation purposes, followed by a Cherokee Nation driver's license to operate a vehicle.

Posted on April 5, 2011 and filed under Citizenship, Cherokee Nation, Sovereignty.

Steve Russell's New Book



Cherokee author Steve Russell's new book is out - as blogged by Matthew Fletcher.  Steve humbly failed to shamelessly self-promote this, so I'll do it for him.  Congrats Steve and happy semi-retirement!  The book can be purchased (at a very reasonable price) by Carolina Academic Press here.

New Law Review Article - Cherokee Legal History

Judge J. Matthew Martin (Associate Judge at EBCI) has a new law review article out The Nature and Extent of the Exercise of Criminal Jurisdiction by the Cherokee Supreme Court:  1823-1835 at 32 North Carolina Central Law Rev. 27 (2009).  The most interesting part of the article is the evidence that the Cherokee Nation did exercise criminal jurisdiction over non-Indians (albiet over the non-Indians' objection).  It's on westlaw and an earlier version of the final piece is here.

Posted on April 26, 2010 and filed under Cherokee Nation, Eastern Band, Education, Research, Sovereignty.