The Cherokee Freedmen Dispute: Legal Background, Analysis, and Proposed Legislation (CRS Report for Congress)
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| Release Date |
Aug. 7, 2008 |
| Report Number |
RL34321 |
| Report Type |
Report |
| Authors |
Yule Kim, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
Although determination of membership is one of the fundamental powers of anIndian tribe, Congress may define tribal membership for federal purposes. Thecurrent Cherokee Nation membership roll dates back to membership lists compiledin 1907 by the Dawes Commission pursuant to congressional direction to allot thelands of the Cherokee, Choctaw, Creek, Chickasaw, and Seminole tribes ofOklahoma. There are at least three bills in the 110th Congress that contain provisionsthat would withhold specific federal benefits from the Cherokee Nation if theCherokee Freedmen are not fully recognized as citizens of the Tribe: H.R. 2786, H.R.2824, and H.R. 3002.
