The United States and the Cherokee Nation Constitutions

How were the Cherokee and US Constitutions different and similar?

	United States Constitution	Cherokee Nation Constitution
Date	1787 (ratified by all 13 states)	1827
Preamble	We the People of the United States, in order to form a more perfect union Establish justice insure domestic Tranquility provide for the common defence promote the general Welfare secure the Blessings of Liberty	We, the People of the Cherokee Nation, in order to preserve our sovereignty Establish justice enrich our culture achieve and maintain a desirable measure of prosperity (welfare) Maintain the blessings of freedom Acknowledge, thank and ask for aid and guidance of the Sovereign Ruler of the Universe
Principle of gov	Legislative Powers herein granted shall be vested in a Congress The executive Power shall be vested in a President The judicial Power of the United States, shall be vested in one supreme Court	The legislature shall consist of one legislative body to be called the Council of the Cherokee Nation. The executive power shall be vested in a Principal Chief The Judicial powers of the Cherokee Nation shall be vested in a Supreme Court
Requirements	Congress representatives: must be 25+ years and 7 years a citizen Senator: “attained to the Age of thirty Years, and been nine Years a Citizen”	General Council representatives: must be at least 25 years old, “a free Cherokee male citizen”, “descendants of Cherokee men” “No person who is of negro or mulatto parentage, either by the father or mother side, shall be eligible to hold any office of profit, honor or trust under this Government.”
Religion	“no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”	“The free exercise of religious worship, and serving God without distinction shall forever be allowed within this Nation” “No person who denies the being of a God, or a future state of rewards and punishment, shall hold any office in the civil department of this Nation.”
Privacy/ Property Rights	Amendment IV: No Unreasonable search and seizure	No “unreasonable seizures and searches” “no warrant to search any place or to seize any person or things, shall be issued without describing them as nearly as may be” “good cause”
Trial Rights	“speedy and public trial, by an impartial jury” “informed of the nature and cause of the accusation” “assistance of counsel for his defense” (right to a lawyer)	“speedy public trial by an impartial jury” “right of being heard, of demanding the nature and cause of the accusation against him” “nor shall he be compelled to give evidence against himself”

Analysis

The Cherokee Nation Constitution is nearly identical to the United States', using the same language/phrases. However, the Cherokee Nation differs in three areas: race, religion, and the right to a lawyer. While the United States Constitution never mentions race (or gender) as a requirement for becoming a government official, the Cherokee Nation clearly limits these positions to Cherokee men, with no man with African or "mulatto" blood allowed. Additionally, religion is particularly stressed in the Cherokee Constitution. While the US was forced to remain incredibly neutral on major topics because of the wide range of beliefs (of slavery and religion) within its borders, the Cherokee Nation was a tribe with a shared culture. For this reason, they were able to pass a constitution that allowed religious freedom, but also enforced religion on its citizens. The Constitution reads: “No person who denies the being of a God, or a future state of rewards and punishment, shall hold any office in the civil department of this Nation". Lastly, the two constitutions differ on the rights of the accused during a trial. While the US declares that the accused has a right to "assistance of counsel for his defense" (a lawyer), the only similar clause in the Cherokee Constitution is that the accused should not "be compelled to give evidence against himself". Through these two constitutions, we can clearly see the breakdown of a traditional tribal system of government, and the adaptation of the Cherokees to the "western" way of life. 

Sources:

http://www.cherokee.org/Portals/0/Documents/2011/4/308011999-2003-CN-CONSTITUTION.pdf

http://www.digitalhistory.uh.edu/active_learning/explorations/indian_removal/cherokee_constitution.cfm

http://www.todayingeorgiahistory.org/content/cherokee-constitution

https://www.archives.gov/founding-docs/constitution-transcript

https://www.law.cornell.edu/constitution/sixth_amendment