The Cherokee Nation (Western)

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Friday, May 28, 2010

Government and Politics since 1947

Changes to Federal Indian Policy

In 1947, the Hoover commission on postwar governmental reorganization recommended that American Indians be integrated into U.S. society at large "as full, tax-paying citizens." In 1953 this had become the official "Indian policy" of the government. In essence, it marked an end to the special relationship between American Indian tribes and the federal government, and an end to the treaty obligations of the U.S. In the words of proponents of this policy, it was to be "an end to the Indian problem."

By 1970, there had been a sea change in the federal government. President Nixon declared that the termination policy had been a
failure and that the Congress should strike it down and reaffirm the special relationship between the federal government and the American Indian tribes. Later that year, Congress passed a law that declared that the Cherokee Nation of Oklahoma, among other tribes, would be able to be democratically elect their own chief, as opposed to it being appointed by the President.

Elections

Thus, in 1971, elections were held for the position of Principal Chief -- the first elections since before Oklahoma statehood in 1907. W.W. Keeler, an oil company executive and holder of the office since being appointed by President Truman in 1949, was elected by a landslide. Keeler chose not to run for reelection in 1975, however, after he and his oil company, Phillips, were found guilty of making illegal campaign contributions to President Nixon. His hand-picked candidate, though, Ross Swimmer, carried Keeler's legacy forward and oversaw the adoption of a new constitution. He would serve three terms until 1985.

A New Constitution

Later that same year, the new constitution was drafted to supercede the one that was previously established in 1839 after the Cherokee had completed their forced relocation to "Indian Territory." This new constitution was ratified by the Cherokee Nation of Oklahoma in 1976, and it received recognition from the U.S. Department of the Interior.

The most important provisions of the new constitution called for recurring elections for Principal Chief, Deputy Principal Chief, and a tribal council (composed of fifteen members) every four years. Additionally, a judicial tribunal made up of three members was established as the highest court of the Cherokee Nation.

Mankiller's Leadership

After confirming her leadership and experience in a series of positions within the Cherokee Nation, Wilma Mankiller was elected as Deputy Principal Chief alongside incumbent Principal Chief Swimmer in 1983. As she noted, the two were an odd match: "He was a Republican banker with a very conservative viewpoint, and I was a Democratic social worker and community planner who had worked for Indian civil and treaty rights." The two would not serve together long, however, as Swimmer accepted a position in the administration of President Reagan and Mankiller acceded to the seat of Principal Chief.

During her tenure as the Cherokee Nation's first female Principal Chief, Mankiller oversaw a series of important developments. In 1990, she signed an agreement of self-governance that authorized the Cherokee Nation to have control over funds previously administered by the Bureau of Indian Affairs. She also reformed the justice department of the Cherokee Nation and created a tribal prosecutor. That same year, the U.S. Tenth Circuit Court of Appeals ruled that Oklahoma did not have jurisdiction on Indian lands. Additionally, a new tax was imposed on all tobacco products sold by shop owners which provided new revenue for the Nation.

In 1995, Mankiller declined to seek reelection and passed the reins to Joe Byrd after an exceedingly contentious election campaign. After a tumultuous term in office marked by legal disputes and charges of corruption, Chad "Corntassel" Smith became Principal Chief and continues to the present day.

References

Conley, Robert. The Cherokee Nation: A History. Albuquerque, NM: University of New Mexico Press, 2005.

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