Law and Constitutional or Not
Some time back while at the
complex getting some documents, I stopped by the Council house to see
if I could get the legislative
act by the Swimmer council that kicked
out
the Freedmen as Cherokee Citizens of the Cherokee Nation of Oklahoma..
I came
away with a bunch
of stuff but not that Law per-se'
After reading through it all, I still don't have an actual original
council act for CNO citizenship, because folks there was none
Only this THIS
SET of rules by swimmer and his appointed regestrar at the time in
1978, so folks for 10 years the Freedmen
descendants were striped of their Cherokee Citizenship by a mere set of
rules with no basis in law..
In 1988 Mankiller realized the rules were not law, so she had her
council pass THIS RESOLUTION not knowing a resolution was
not actual law, assumed she had rectified swimmers oversight. But not
so folks, so the facade continued unlawfully stripping the
Freedsmen of their rights and holding them at bay with out the benefit
of law.
Then in 1992 Mankiller finally realizing the difference in a resolution
and a legislative act with respect to what is law had
her Council to pass
THIS LEGISLATIVE ACT ,
I omitted and skipped the parts that did not pertain to citizenship,
any one interested
can get the whole thing. The one thing to note in this unconstitutional
act by the council is for 14 years the freedmen were
mentioned in rule number one of the 1978 set of rules, and with the
legislative act the freedmen were left off, out of sight out of miid I
guess., and if you will notice the Cherokee Shawnee were left off to,
did that mean they were not Cherokee, because they certainly
had no Cherokee blood. While the Delaware Cherokee are mentiond who
have NO Cherokee blood but are considered Citizens of the
Cherokee Nation of Oklahoma In
this act , if you will note, Section 3 says this supercedes
resolution mentioned above, and that it
conforms to Article III of the
Cherokee Nation of Oklahoma Constitution, if you will read the
THE CONSTITUTION you will see it don't.
Then in paragraph (i) Necessary Evidence, spells out what is and will
be accepted as official documents for this purpose, note the
CDIB is
not listed as a required...
Then in section 6. paragraph (a) it plainly says the final rolls by
blood are the only basis for citizenship, and neglects mention there
are final roll of Cherokee freedmen Authenticated by blood but
with no listing of degree, They are the WALLACE
ROLL and the
KERN CLIFFTON ROLL...Note there
is no
mention of required degree in this act and it says it supercedes the
Rules of Swimmer...
And then in 2002, Chad Smith decided to re-invent the wheel, so the
Council of Smith does
ANOTHER ACT and
re-includes the
Shawnee that mankiller left off. It has mostly to do with
relinquishment and re-enrolling...
If you will note there is not much change in the Citizenship
portion...Also you may note this is the act by which we Cherokee
became
Citizens rather than members of the Indian Club the Cherokee Nation of
Oklahoma.
In Section 4, paragraph C. Base roll, the Shawnee were added but still
no freedmen mentioned...
Paragraph D. on the CDIB nothing changed from the 92 Act...
The
registrars office still blocks the freedmen from citizenship with this
false claim that the CDIB is the only proof thy can have when
the law
is plain, only LINK by blood is required, documented of course.
One has to wonder if the Council even knew what they were voting
on when they passed these laws! Also One might wonder is this
Constitutional, or is it extraconstitutional?
Seems to me this would be tantamount to constitutional amendment, and
this is done by vote of the Cherokee People, is it not?
John cornsilk