Cherokee Nation - Government

Government

Today the Cherokee Nation has judicial, executive and legislative branches with executive power vested in the Principal Chief, legislative power in the Tribal Council, and judicial power in the Tribal Supreme Court.

The Principal Chief, Deputy Chief, and Tribal Council are elected to four-year terms by the registered tribal voters over the age of 18. The council is the legislative branch of government and represents the five districts of the Cherokee Nation in the 14 county tribal jurisdictional area, with each district having three councilors. Two council members represent the at-large community who live outside the 14-county area. In October 2011, Bill John Baker was elected Principal Chief for a four-year term, defeating the 12-year former chief, Chad Smith.

The judicial branch of tribal government includes the District Court and Supreme Court, which is comparable to the U.S. Supreme Court. The Supreme Court consists of five members who are appointed by the Principal Chief and confirmed by the council. It is the highest court of the Cherokee Nation and oversees internal legal disputes and the District Court. The District Judge and an Associate District Judge preside over the tribe’s District Court and hear all cases brought before it under jurisdiction of the Cherokee Nation Judicial Code.

The Congress of the United States, The Federal Courts, and State Courts have repeatedly upheld the sovereignty of Native Tribes, defining their relationship in political rather than racial terms, and have stated it is a compelling interest of the United States. This principle of self-government and tribal sovereignty is controversial. According to the Boston College sociologist and Cherokee, Eva Marie Garroutte, up to 32 separate definitions of "Indian" are used in federal legislation, as of a 1978 congressional survey. The 1994 Federal Legislation AIRFA (American Indian Religious Freedom Act) defines an Indian as one who belongs to an Indian Tribe, which is a group that "is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians."

The principal chief is the head of the executive branch of the Cherokee National Government, responsible for overseeing an annual budget of over $600 million and more than 3,000 full time employees. The deputy chief acts as the chief in his or her absence. The chief is assisted in managing the executive branch by the Secretary of State, the Attorney General, the Marshal, the Treasurer, and several group leaders. The government's functions are divided into several Groups, each headed by a Group Leader. These groups are further divided into several Service Areas which provide governmental services to the Cherokee people. As of July 2011, there are fifteen groups:

• Education Services Group - oversees all early childhood development programs, cultural and historical preservation efforts, higher education scholarships, and operates several schools for Cherokee students
• Health Services Group - provides direct care and community health services, including the operation of eight regional health clincs and one central hospital facility
• Financial Resources Group - central accounting, budgeting, and acquisition services for the entire Government
• Community Services Group - provides public transit services, constructs road and sanitary sewer infastructure projects, environmental health services, and self-help housing assistance
• Management Resources Group - provides centralized support services to the entire government, including facilities management, risk management, natural resources preservation, and long range planning and development
• Commerce Services Group - operates the Nation's Small Business Assistance Center which provides financial support to Cherokee-owned business, provides mortgage assistance to Cherokee homebuyers, and promotes cultural tourism
• Human Services Group - provides family assistance programs, child support services, child care centers, child welfare and protective services, and veterans affairs services
• Government Resources Group - oversees funds received from the Federal Government, manages all Tribal property, and oversees Tribal registration
• Housing Services Group - operates low-income and elderly rental property for citizens, provides rehabilitation to private homes, provides mortgage assistance to citizens, and provides subsidy for rental properties
• Career Services Group - provides job training, job relocation assistance, vocational rehabilitation, and operates "Talking Leaves" Job Corps Facility
• Leadership Services Group - operates the Cherokee Ambassador program, manages the Cherokee National Youth Choir, the Cherokee Youth Leadership Council, and various Summer Camps
• Office of the Attorney General - provides legal advice and representation to the Tribe and prosecutes violates of Tribal law
• Cherokee Marshal Service - provides full service law enforcement services to the Nation
• Human Resources Group - provides centralize personnel management for all employee recruitment and management affairs of the government
• Information Systems Group - provides centralized information technology management for the government

The executive branch is also composed of five independent agencies which exercise power autonomously from the control of the Principal Chief:

• Tax Commission
• Election Commission
• Environmental Protection Commission
• Gaming Commission
• Cherokee Phoenix Newspaper