Analysis: After 187 years, the Cherokee Nation wants its seat in Congress https://t.co/I5RsAiXUYM
— The Washington Post (@washingtonpost) October 7, 2022
Since it’s Indigenous Peoples Day, here’s a story from the Washington Post — “After 187 years, the Cherokee Nation wants its seat in Congress”:
… “It’s a very personal story when you consider that my family were forcibly removed,” Teehee, a former Obama administration adviser on tribal issues, said during a recent interview outside a coffee shop three blocks from the Capitol.
She would not be a fully vested member of the House of Representatives, but a nonvoting delegate similar to what other U.S. territories and the District of Columbia receive. If approved by the House, the delegate could sit on legislative committees, request meetings with Cabinet officials, push policy positions and even collect narrowly crafted funding projects called earmarks.
The 1835 treaty included unequivocal language that a delegate “shall” be included in the House for the Cherokee, a provision that was essentially forgotten as they and other tribes tried to survive and rebuild after forced removal.
In recent years, the Cherokee have decided to collect what was promised to them. And all it would take is a resolution passed by the House. The Senate approved the treaty ― by the narrowest of margins, just a single vote — and President Andrew Jackson signed it into law in early 1836.
No matter how long ago that was, many in Indian Country and their supporters in Congress believe a treaty is a binding document that must be respected.
“A very basic proposition,” said Chuck Hoskin Jr., elected as the Cherokee’s principal chief in 2019. “Should the United States keep its word?”
Hoskin prioritized getting the delegate seated soon after his 2019 election as chief, choosing Teehee because of her two decades of work in Congress and the executive branch. The delegate is then ratified by the tribal legislature.
While other tribes have somewhat similar language in their treaties, Cherokee leaders believe theirs is the most ironclad, and Teehee wants to be a voice for the millions of Natives scattered across all 50 states…
This comes as tribes have unprecedented representation in Washington’s power circuit. Interior Secretary Deb Haaland made history as the first Native American Cabinet secretary, and there are six members of tribal nations in the House, including three Republicans.
The House Rules Committee, under the leadership of Reps. Jim McGovern (D-Mass.) and Tom Cole (R-Okla.), a member of the Chickasaw Nation, plans to hold a hearing on the Cherokee delegate debate during the lame duck session after November’s election.
With the House majority potentially set to flip, which could require a new round of lobbying to new House leaders, the Cherokee tribe wants a vote before the end of this year…
There are complications, of course. And yet — there’s power in having a seat at the table.
Alison Rose 💙🌻💛
Why would we start now?
In seriousness, though, this is absolutely long overdue and ought to happen.
Old School
@Alison Rose 💙🌻💛:
That was my thought when reading this. The U.S. likely hasn’t done much in the way of honoring whatever else was in the treaty as well.
Cameron
So the country needs more Republicans at the national level?
Dan B
The father of a very good friend ended up at BIA (Indian Affairs). He was shocked that many of the bureaucrats spent their effort abusing the tribes. He discovered the library in the basement was a good place to hide from these sadists. He studied the treaties and decided sovereignty was a good place to start and organized a group that prevailed. Native people would likely lose that sovereignty in this Supreme Court.
ian
@Cameron:
I think that we should be in favor of this regardless of the partisan outcome of the representative. If the Cherokee’s choose to send a Republican (no guarantee, most Native Americans tend to vote Democratic), we should respect that and still give them a seat at the table.
Betty
The U. S. Government’s treatment of Native Americans remains an ugly stain with very little having been done so far to make amends.
lowtechcyclist
It says right there in the Constitution (second paragraph of Article VI):
“all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land, and the Judges in every State shall be bound thereby.”
IANAL, but that seems pretty unambiguous to me.
cain
@lowtechcyclist:
The supreme court – this supreme court might have a different more originalist reading that I’m sure Alito would suggest that the founders actually had a different idea of what the constitution said regarding the first peoples.
lowtechcyclist
@cain:
Can’t see any daylight for even this Bogus Scotus to try that. I mean, a treaty is a treaty, unless they can find a “fingers crossed when making treaties with those damned Injuns” exception in the Constitution.
H.E.Wolf
Here’s hoping the Cherokee Nation gets its representation in Congress!
Daoud bin Daoud
@lowtechcyclist: “Indian giving” is an old American tradition.
Paul in KY
Hope they get their seat, even if a GFPer is in it.