Cherokee District Court Holds 2007 Tribal Constitutional Amendment Disenrolling Freedmen VOID

Here is the order:

Nash v Cherokee Nation Registrar

The Cherokee Nation’s entry into the hereinbefore mentioned Treaty of 1866 was an agreement which, to this date, has not been modified or abrogated by any action heretofore taken either through Constitutional change or Amendment thereto and the Nation is still bound by such provisions. The Cherokee Constitutional Amendment of March 3, 2007, by virtue of the provisions of the Treaty of 1866 and subsequent actions taken in furtherance thereof, are hereby determined to be void as a matter of law.

One thought on “Cherokee District Court Holds 2007 Tribal Constitutional Amendment Disenrolling Freedmen VOID

  1. Bethany January 14, 2011 / 2:58 pm

    I particularly like where the judge says that although other nations have broken many of their treaties with the Cherokee, “this does not mean that the Cherokee Nation should descend into such manner of action and disregard their pledges and agreements.” We’ll see what the Cherokee S Ct says.

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