10/13/10

HANDBOOK CONSTITUTION ARTICLE 11 membership requirements

Article XI - Membership requirements
   
ARTICLE XI:  MEMBERSHIP REQUIREMENTS:

Membership within Constitutional Cherokee is restricted to only included descendants by blood, however there shall never be a minimum quantum established as a criterion for enrollment for the nation.

ALTHOUGH neither the National Council, nor the National Assembly, nor a REGIONAL CHAPTER may ever restrict membership to a particular quantum, a local chapter that is based on descendants of a particular historic roll (such as old settlers or 1924 Baker) may restrict their membership to a blood quantum of 1/4 or more as long as another chapter exists within that region that does NOT restrict their membership to a specific quantum.

The specific membership requirements beyond that of documenting at least one historical Cherokee ancestor, and the required documents to be submitted with the membership application are to be defined in the section of the handbook of Special Rules.

The governing body of the Constitutional shall have power to prescribe rules and regulations governing future membership in accordance with the HANDBOOK.

There shall be established a Cherokee Register, to be kept by the Registrar, for the inclusion of any Cherokee for membership purposes in the Constitutional Cherokee who presents the necessary evidence of eligibility for registration.

(a) A Registration Committee shall be established by each local community chapter. It shall be the duty of the Registration Committee to consider the qualifications and to determine the eligibility of those applying to have their names entered in the Cherokee Register. The Registration Committee shall consist of a Registrar and at least two (2) assistants. All members shall be appointed by the Community Chief, and confirmed by the Council
(b) There shall be a number assigned to every name which is approved and entered into the Cherokee Register. This number shall be preceded by the these words, "Constitutional Cherokee Enrollment Number." These may be shortened to the abbreviation "CCEN"
(c) The decisions of the Registration Committee shall be subject to review by the Regional Council and National Councils as provided for in this HANDBOOK.
(d)PROSPECTIVE members include those who have an oral history of a Cherokee Ancestor and also may include those who have DNA evidence to support American Indian ancestry. Those who have DNA documentation or an oral history may not enroll as members, may not vote nor may they hold office, but they may participate in cultural activities on the Community level with the approval of the community Council.

However, a registration of these as "Prospective" members is to be kept.  There shall be a number assigned to every name that is approved by the community chapter as a "prospective" member.  It shall be preceded by these words "Prospective Member by DNA" which may be shortened to "PMDNA".
Those who are prospective members solely by oral history or testimony will be designated "Prospective Member Through Oral Tradition" or the letters "PMTOT".  The decisions in regard to these prospects shall be made by the registration committee of the community council and shall be subject to review by the regional council and national council.
These Prospective members shall not ever hold any office or leadership position, shall not have the right or privilege to vote, and may not ever speak as a representative of the Constitutional Cherokee.
 
In the matter of a legal documentation, We do not acknowledge any documented, book or source dated after 1950 as to establishing a person as a Cherokee descendant unless that document can also be verified by another document that was created prior to 1951. Therefore, a document notarized by a relative or family member stating that a person is Cherokee, while excellent to have for records, cannot solely be used to authenticate a persons claim to be a Cherokee descendant unless that document was dated and signed prior to 1951.
We do hereby authorize the National Council of Chiefs to establish a membership committee to handle all applicant submissions and to determine whether the application should be recommended for approval by the National Council of Chiefs for membership. 
Once an application has been approved for membership, their enrollment information will be sent to their state chapter's offices, and a letter of welcome will also be simultaneously sent to the applicant.  We strongly encourage the leadership of each state chapter to diligently work to incorporate the new member into all aspects of the life of a local community of Cherokee near them or that best reflects their heritage.
The primary repository of records is the local or community group.  These groups meet for prayer circles and potlucks.  Once they begin meeting, they are to incorporate under the Constitution and Bylaws in this handbook.  They are responsible to verify all documentation of members and to preserve not only original applications but also to produce electronic documents that may be sent to the state chapter.
Once there are 2 (two) or more local chapters, they are to work together to unite and organize and incorporate a state chapter and hold a state assembly annually thereafter.  The state assembly is to be responsible for annual auditing of financial statements and of membership applications.
Once there are four or more organized and incorporated state chapters, they are to unite together and hold a National Assembly which shall then assembly every seven (7) years thereafter.  The National Assembly is to have a council that meets in the interim for business and to organize new state chapters in states of the historic homeland that do not yet have one and to be responsible for an audit every 7th year of the financial records and membership rolls.
Whereas the nation is comprised primarily of descendants who still reside within the historic homeland, a minimum of 80% of membership must therefore be residing within the historical boundaries of the Cherokee Nation, with no more than 20% of membership residing outside of our historical boundaries.
We urge all Cherokee descendants to return to living within the boundaries of our historic homeland in order to maintain this basis of membership.
The National, State, and local councils are hereby authorized to implement any policy necessary in order to maintain this strict balance of 80/20. 
We heartily recommend the return of all Cherokee descendants to our historic homeland.
Whereas the nation is comprised primarily of descendants who still reside within the historic homeland, a minimum of 80% of membership must therefore be residing within the historical boundaries of the Cherokee Nation in any of the current states of Alabama, Georgia, Indiana, Kentucky, North Carolina, Ohio, South Carolina, Tennessee, Virginia and West Virginia.
A provision is made for up to 20% of membership to be comprised of descendants residing outside of the historical homeland (again, their total numbers are not to exceed 20% of the total membership at any time).  It is expected that Cherokees living within the historic homeland are to do whatever is possible to facilitate the return of all Cherokee descendants to the homeland.
These locations outside our historic homeland are to comprise only one chapter, and states included in that chapter are Arkansas, California, Illinois, Missouri, Mississippi, Oklahoma and Texas and the country of Mexico and are to include in their name “....chapter of the Constitutional Cherokee”.
We also declare that membership drives and enrollments are to be conducted within the historic homeland and that the promotion of the establishment of communities by the state, regional and national councils be limited to within our homeland.
We do affirm the right of our members to return to living within the boundaries of our historic homeland and encourage policies that will enable more of our members to live within our traditional lands.
#1-- may be of any Cherokee Blood quantum.
#2-- must have at least 1 ancestor in a direct familial link to at least 1 historically documented Cherokee person.
Our lands encompassed nearly all or parts of what is today known as AL, GA, KY, IN, MS, NC, OH, SC, TN, VA, WV. All of our original nation was east of the Mississippi. SEE the maps at the bottom of this blog page to see where our boundaries extended.
WE DO NOT DO RESEARCH (other than to verify your submitted claims) for applicants.
You will be responsible to provide documentation linking you directly back to the ancestor that exists on official documents of Cherokee people. These documents include rolls, rosters, and also any names of Cherokee people that were included in publications that were produced prior to the Baker Roll of 1924.
These rolls include the Reservation Roll of 1817, the Mullay Roll of 1848, the Chapman Roll of 1851-2, The Act of Congress Roll of 1854, the Siler Roll, the Swetland Roll of 1869, the Hestor Roll of 1883, the Churchill Roll of 1908, the Guion Miller Roll of 1909, and the Baker Roll of 1924.
There are other rolls we recognize as well. We also recognize direct descendants of Eastern Cherokees who served in the Civil War in the Cherokee Mounted Rifles known as the 1st Cherokee Mounted Riflemen, and in the Seminole wars and are on the rosters as Cherokee fighting men during those engagements.
We further recognize all the direct descendants of eastern Cherokee from notables such as Nancy Ward and her cousins, descendants of Cherokees mentioned by name in the writings of Timberlake and others that were written and published during the 1700's and the 1800's that mentions any such ancestors by name, and indicates that they were living and or residing east of the Mississippi. Of course, we also recognize those of Eastern Cherokee heritage who are mentioned in the works of authors like Bertram, Starr, and Mooney.
UNLIKE the 1827 Constitution, however, we accept all descendants of Cherokees on any Eastern roll, no matter what other racial component they may have. Blacks / or those of African descent will NEVER be excluded solely based on race but are always eligible for membership as long as they have at least 1 Cherokee ancestor on the Eastern Rolls and fulfill other membership requirements.  Ancestry must be documented and must be verified by an independent CAILS Genealogist, (that is, the genealogist certifying the documents must be themselves a Certified American Indian Lineage Specialist Genealogist.)
#3-- a citizen applying for membership cannot be a convicted child molester, rapist, or murderer. Any crime for which the council deems it appropriate may be raised as grounds for dismissal, after sufficient deliberation and in accordance with tribal law and policies.
#4--while we both enjoy and acknowledge a blood relationship with the EBCI, the UKB, and the CNO, our members cannot be an active member of any other tribal organization that is either federally recognized, state recognized, or of a tribal group that is seeking such recognition except in accord with our Article on State or Federal tribes joining as a local community.
Any such prior or current memberships must be publicly and formally renounced prior to seeking membership in our Tribe. Regrettably, this is a decision forced on us by the BIA Regulations.
#5-- Enrollment is intended as a method of determining who is eligible to vote and to hold office. With the exception of minors and those unable to vote for legitimate reasons, we expect our members to vote often throughout their life. This is both an honor and a privilege. The right to enroll is the right to vote (once one is of legal age). Voting is a sacred honor and is to be given privacy as it is a personal decision, however, failure to vote in at least one election in every 7 year time period can be cause for a member to lose enrollment privileges.


Remember, as our Tsalagi (Cherokee) Prophets stated:
“We are ONLY Cherokee as long as we speak our OWN Cherokee language, sing our OWN Cherokee songs, dance our OWN Cherokee dances, and celebrate our OWN Cherokee festivals. Cease to live as Cherokee and you are not Cherokee. Begin to live as your Cherokee ancestors did, and you will truly be Cherokee, not just by blood, but also by your behavior.”


The Membership application is to be reviewed prior to the convening the national assembly and submit the application document for ratification at each national assembly to ensure that it reflects the membership requirements of the Constitutional Cherokee and this Constitution and that approval includes current technologies available to verify the submission.
All members are to refrain from the recreational use of tobacco and to refrain from the recreational use of herbs, pharmaceuticals and medicines. 
We follow the teachings of the prophet Ugvwiyuhi Yonaguska. 
Our members shall not consume alcoholic beverages at any time.  Those who engage in these are to be confronted by the members of their local community and reprimanded.  If they continue to participate in their consumption the local council may impose a fine.  Subsequent violations or if the usage is determined to be egregious may be valid grounds for the member to be expelled from membership.
All members are to remain active participants in the culture.  They are to attend monthly prayer circles and or potlucks, to attend and support community Gatiyo (stomp) and they are to celebrate the festivals of our people.  All members are encouraged to use Cherokee as their language whenever possible even if it is only through the use of a few words.
Failure to participate in the culture may be determined by the local community to be valid grounds for the member to be expelled from membership.  Once a local council has made this determination, this must be ratified by the state council who will also determine whether such a removal from membership is to be permanent or until the person can be rehabilitated.