A Nation Within a Nation: The Enduring Sovereignty of the Cherokee People
TAHLEQUAH, Oklahoma – Beyond the rolling hills of northeastern Oklahoma, where the Arkansas River winds its way through ancient lands, lies a vibrant, self-governing entity that predates many modern states: the Cherokee Nation. It is the largest tribal nation in the United States, not merely a historical footnote or a federally recognized interest group, but a fully functioning government with a constitution, three branches of power, and a profound commitment to its 450,000 citizens.
In an era when Indigenous sovereignty is increasingly understood and affirmed, the Cherokee Nation stands as a powerful testament to resilience, adaptation, and unwavering self-determination. Its story is not just one of survival against immense odds, but of a dynamic modern nation building its future on the bedrock of an inherent right to govern.
A Legacy Forged in Self-Governance
The concept of self-governance is not new to the Cherokee people; it is an intrinsic part of their identity. Long before European contact, Cherokee communities managed their affairs, adjudicated disputes, and conducted diplomacy. By the early 19th century, in their ancestral lands in the southeastern United States, the Cherokee Nation had established a sophisticated government, adopting a written constitution in 1827 that mirrored the U.S. Constitution, creating a bicameral legislature, and even publishing the Cherokee Phoenix, the first newspaper published by Native Americans, in both English and Cherokee utilizing Sequoyah’s syllabary.
This era of advanced nation-building was brutally interrupted by the Indian Removal Act of 1830 and the subsequent forced displacement known as the Trail of Tears. Thousands perished during the arduous journey to Indian Territory (present-day Oklahoma). Yet, even amidst this catastrophic event, the flame of self-governance was not extinguished. Upon arrival in Indian Territory, the Cherokee people immediately re-established their government, holding elections and resuming the work of nation-building.
"Our sovereignty is not a gift; it is inherent, passed down through generations of our ancestors who fought and sacrificed to preserve our right to govern ourselves," states Principal Chief Chuck Hoskin Jr., a sentiment echoed by tribal leaders across Indian Country. "We are not a special interest group; we are a government, with responsibilities to our citizens and a place at the table among other governments."
The 20th century presented new challenges, including the federal government’s misguided "termination" policies, which sought to dissolve tribal governments and assimilate Native Americans. The Cherokee Nation, like many others, resisted and ultimately re-affirmed its governmental status, culminating in the adoption of its modern constitution in 1975, a critical step in solidifying its contemporary governmental structure.
The Pillars of Modern Cherokee Governance
Today, the Cherokee Nation operates with a robust governmental framework that is both deeply traditional and remarkably modern. Its system is divided into three branches, much like the U.S. federal government:
- Executive Branch: Led by the popularly elected Principal Chief and Deputy Principal Chief, who serve four-year terms. This branch oversees the daily operations of the nation, manages its vast enterprises, and represents the Cherokee Nation in intergovernmental relations with federal, state, and other tribal governments.
- Legislative Branch: Comprising the 17-member Tribal Council, elected from districts within the Cherokee Nation’s jurisdictional area. The Council is responsible for enacting laws, approving the budget, and providing oversight of the executive branch.
- Judicial Branch: Consisting of the Cherokee Nation Supreme Court and District Courts, which interpret laws, adjudicate disputes, and ensure justice for all citizens within the Nation’s jurisdiction.
This structure enables the Cherokee Nation to provide a comprehensive array of services and programs, demonstrating the tangible benefits of self-governance for its citizens.
Economic Powerhouse and Social Safety Net
One of the most visible successes of Cherokee Nation self-governance is its economic diversification and stability. While gaming enterprises like Hard Rock Casino Tulsa are significant revenue generators, the Nation’s economic portfolio extends far beyond, encompassing aerospace manufacturing, hospitality, retail, health care, and environmental services. Cherokee Nation Businesses (CNB), the Nation’s economic engine, is one of the largest employers in northeastern Oklahoma, generating billions in economic impact annually.
This economic strength directly funds essential services for Cherokee citizens, many of whom live in rural areas with limited access to resources. The Nation operates the largest tribally-operated health care system in the country, including the state-of-the-art W.W. Hastings Indian Hospital, providing comprehensive medical and dental care. It invests heavily in education, offering scholarships, early childhood programs, and language immersion schools to preserve the Cherokee language. Housing assistance, elder care, veterans’ services, and cultural preservation initiatives are also vital components of the Nation’s budget.
"Our economic success is not just about revenue; it’s about our ability to care for our people, to build infrastructure, to protect our language and culture, and to ensure a better future for the next seven generations," explains a Cherokee Nation spokesperson.
Protecting Culture, Revitalizing Language
Beyond economic and social programs, self-governance allows the Cherokee Nation to be the primary guardian of its unique cultural heritage. The Cherokee language, a complex and beautiful tonal language, faces the threat of extinction due to historical suppression. However, the Nation has launched aggressive revitalization efforts, including the Cherokee Language Master-Apprentice Program, a five-year immersion program designed to create new fluent speakers, and the development of language apps and online resources.
Cultural sites like the Cherokee National Capitol Building and the Cherokee National Prison Museum are preserved and interpreted by the Nation, providing educational opportunities and connecting citizens to their history. Repatriation efforts, where ancestral remains and sacred objects are returned to the Nation from museums and institutions, are also a crucial exercise of sovereignty and cultural healing.
Jurisdiction and the Path Forward: McGirt v. Oklahoma
The exercise of tribal jurisdiction, particularly over criminal matters, has long been a complex and often contested area. However, a landmark Supreme Court decision in 2020 dramatically affirmed tribal sovereignty and jurisdiction in Oklahoma: McGirt v. Oklahoma.
In a 5-4 decision, the Supreme Court ruled that a large portion of eastern Oklahoma, including much of the Cherokee Nation’s reservation, remains "Indian Country" for purposes of the Major Crimes Act. This meant that the State of Oklahoma lacked jurisdiction to prosecute Native Americans for serious crimes committed within these boundaries. The ruling, based on the principle that Congress had never disestablished the reservation, instantly shifted prosecutorial authority for major crimes involving Native Americans to federal or tribal courts.
For the Cherokee Nation, McGirt was not a new grant of power but a reaffirmation of inherent sovereignty and existing treaty rights. The Nation quickly mobilized its law enforcement, judicial, and social services systems to meet the increased demands. They expanded their marshals service, hired more prosecutors, and worked collaboratively with federal authorities to ensure public safety and justice.
"The McGirt decision reaffirmed what we have always known: our reservation was never disestablished, and our sovereignty is real," said Principal Chief Hoskin Jr. at the time of the ruling. "It has allowed us to strengthen our criminal justice system and better protect all people within our reservation boundaries, both Native and non-Native."
The ruling has had far-reaching implications, not just for the Cherokee Nation but for other tribal nations in Oklahoma and across the country, serving as a powerful reminder of the enduring legal status of reservations and the need for states to respect tribal jurisdiction.
A Model for Nation-Building
The Cherokee Nation’s journey is a microcosm of the broader Indigenous experience in America: a story of dispossession, resistance, and ultimately, triumphant self-determination. Its self-governance is not a relic of the past but a living, evolving system that addresses the complex needs of its citizens in the 21st century.
By exercising their inherent right to govern, the Cherokee people are not only preserving their distinct identity and culture but also contributing significantly to the social, economic, and political fabric of Oklahoma and the United States. They demonstrate that Indigenous nations are not just beneficiaries of federal programs but vital partners in nation-to-nation relations, capable of innovative solutions and committed to building a brighter future for all.
As the sun sets over the Cherokee Nation, the lights of its government buildings shine bright, a beacon of sovereignty, resilience, and the enduring power of a people determined to chart their own course. The Cherokee Nation stands as a powerful testament that even after centuries of challenges, the right to self-governance remains an unbreakable bond between a people and their destiny.
