Cherokee Nation

The Cherokee Nation is a major tribal nation in the United States.

It is headquartered in Tahlequah, Oklahoma. As of 2024, the nation has over 466,000 enrolled citizens. This makes it one of the largest tribal nations in the country. The population includes many different groups of people. Some are descendants of the Old Cherokee Nation from the Southeast. Others are descendants of those forced to move on the Trail of Tears. The nation also includes descendants of the Natchez Nation and Cherokee Freedmen.

The Cherokee Nation operates under a formal government structure. This government has three distinct branches. These are the executive, legislative, and judicial branches.

The nation follows a constitution to manage its affairs. A version of this constitution was ratified in 2003. The tribe also works to protect its culture and language. It operates schools that focus on Cherokee language immersion. The nation also publishes the Cherokee Phoenix. This was the first newspaper ever published by Native Americans.

The history of the nation involves many legal changes. After the Trail of Tears, the Cherokee lived in Indian Territory. Following the American Civil War, an 1866 treaty promised a permanent homeland. In exchange, the Cherokee and other tribes gave up western lands. These lands eventually became Oklahoma Territory. Unlike many other reservations, the Cherokee Nation owned its land directly. However, later laws like the General Allotment Act forced the division of land. In 1906, the Five Tribes Act was passed by Congress. This act almost dissolved tribal governments. For many years, courts thought the tribal government had ended. By the late 1970s, courts changed their minds. They decided the tribal government had never actually been dissolved.

In the early 20th century, the government changed how leaders were chosen. After 1919, the federal government began appointing chiefs. Some of these leaders served for very little time. These men were often called "Chief for a Day." The first was Andrew B. Cunningham, who served for only 17 days. In the 1930s, the Indian Reorganization Act encouraged tribes to rebuild. In 1938, the tribe held a convention in Fairfield, Oklahoma. They elected J. B. Milam as their Principal Chief. The government confirmed this election in 1941. Later, the policy of self-determination helped the nation rebuild its own government. In 1985, Wilma Mankiller was elected as the first female chief.

The nation also faced internal political challenges. In 1997, a major constitutional crisis occurred. Principal Chief Joe Byrd entered a power struggle with the judicial branch. Byrd claimed he could decide which court orders were lawful. He also created a private, armed paramilitary force. In June 1997, this militia seized the Cherokee Nation Courthouse. The federal government did not intervene at first to respect tribal sovereignty. Eventually, Byrd was required to reopen the courts. A new constitution was drafted in 1999 to prevent such crises. This new document included ways for voters to remove officials. It also allowed the tribe to change its own laws without federal permission.

Legal battles have also shaped rights within the nation. The Cherokee Freedmen are descendants of African American people once enslaved by Cherokee citizens. An 1866 treaty promised them full citizenship. However, they were often treated unfairly for many years. During the creation of the Dawes Rolls, they were often listed separately. This meant they did not receive land allotments. In the 20th century, some laws even excluded them from membership. This changed in 2006 when a tribal court ruled they were eligible for citizenship.

Additionally, the nation has seen changes in marriage laws. In 2016, the attorney general ruled that same-sex marriage was legal under the constitution. He stated that the constitution requires equal treatment for all citizens.

Recent years have seen the restoration of important land rights. In 2020, the U.S. Supreme Court ruled on the McGirt case. This decision affirmed that original treaties were never withdrawn. This led to the restoration of reservation status for the Cherokee Nation. The reservation now spans 14 counties in northeastern Oklahoma. These counties include Adair, Cherokee, Craig, Delaware, Mayes, McIntosh, Muskogee, Nowata, Ottawa, Rogers, Sequoyah, Tulsa, Wagoner, and Washington. This ruling confirms the nation has jurisdiction over this territory. The nation also manages health services for its citizens. During the COVID-19 pandemic, the nation used a "surge plan" at W.W. Hastings Hospital. This plan increased hospital capacity by 50% to help those in need.