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TAHLEQUAH, OKLAHOMA - The Cherokee Nation received formal notification that the Bureau of Indian Affairs will approve the Cherokee Nation’s proposed constitutional amendment, upon ratification by the Cherokee people. The amendment, put forward by the Cherokee Nation’s Constitutional Convention Commission, would effectively remove the BIA from the approval process for further constitutional amendments.

"This is a great moment for the Cherokee Nation", said Principal Chief Chad Smith. "In an age when tribal sovereignty is constantly under attack from all sides, we are proud to reclaim sovereignty over the most basic foundation of our self-governance, our Constitution. It is a great victory for our people, who now have the opportunity to have the final say on the highest laws of the Cherokee Nation. In our 1976 Constitution, we gave that right to the Bureau of Indian Affairs. Today, the Cherokee people have that right back."

"I'm just estatic", said Barbara Starr-Scott, a Cherokee Nation Tribal Council member. "This is a landmark decision and I’m sure all the other tribes will want to follow suit."

The amendment, if ratified by the Cherokee people, would strike Article XV Section 10 of the Cherokee Nation Constitution, which states, "No amendment or new Constitution shall become effective without the approval of the President of the United States or his authorized representative."

"This may well be one of the most historic letters in the past 100 years", said Jay Hannah, president of the 1999 Constitutional Convention. "It is truly a milestone moment in the preservation of our inherent sovereignty. The Cherokee people can now decide whether we wish to be rid of the yoke of the federal government in regards to changes in our own Constitution."

"If the BIA thinks they’re looking out after our interest, it’s time to phase out the paternalism", said John Ketcher, Cherokee Nation Tribal Council member and former Deputy Chief.

In a signed letter, Assistant Secretary for Indian Affairs Neal McCaleb wrote: "We have no objection to the referendum as proposed and I am prepared to approve the amendment deleting the requirement for Federal approval of future amendments."

The amendment must still pass a vote of the Cherokee people to be officially adopted. The Constitution Convention Commission will ask the Cherokee Nation Tribal Council to call a special election to allow Cherokee citizens to have the final say on their constitution.

Hannah says the need for this Constitutional revision came arose when the Cherokee Nation and the 1999 Constitutional Convention Commission submitted a new constitution for the BIA for approval in early 1999. The 1999 Constitution was developed following 21 public hearings at a nine-day Constitutional Convention, attended by 79 delegates. The BIA did not approve the new constitution, instead demanding that certain changes be made, suggesting other changes and instituting ratification procedures.

The Cherokee Nation then developed the most recent constitutional amendment, removing the BIA from the constitutional approval process, which the BIA approved today.

Hannah says that if the amendment is approved by the Cherokee people in a special election, the vote on the proposed Constitution could take place during the Cherokee Nation general election in 2003.

Hannah praised "all three branches of the Cherokee Nation government" for working together to get the amendment approved by the Bureau of Indian Affairs.

For background information on the Constitution Convention Commission visit the CCC archives.