Legal Question in Native American Law in Florida

Re: heritage

Re; Question 82237381.

The US (federal) government recognizes specific semi-sovereign Indian bands or tribes. "Cherokee" is a little broad. Each recognized semi-sovereign band or tribe retains complete power -- jurisdiction -- to determine tribal enrollment of tribal members. That includes both the authority to set general rules and also the authority to admit or deny applications for enrollment in exception to those rules. Most commonly, tribes require a certain percentage of Indian blood overall and also a certain degree of relationship to enrolled members of that specific tribe or band. An applicant goes before tribal courts or the tribal council with an application alleging that genetic heretage and degree of relationship to tribal members, plus alleging any other factors required by that tribe's published admission criteria. (One may obtain copies of that current law by contacting the clerk of courts for the tribe.) The rest is up to the tribe's own institutions. (Some of what follows is pure politics.) Ideally, an applicant would hire an experienced attorney admitted to practice before the courts of that tribe who is known to the tribal council. That attorney would then assist in the tecnical aspects of the application and also in responding to questions or concerns of tribal members raised in the process. Depending upon the specific tribe's procedures, it might all come down to a simple vote of the tribal council or of all tribal members assembled. Once the tribe's highest authority has ruled according to that tribe's established procedures, there is no appeal to outside authority. Certain applicants have campaigned for a period of years before being admitted. Others get in at the first procedural opportunity.

Re: heritage

Re: Question 82237381.

The US (federal) government recognizes specific semi-sovereign Indian bands or tribes. "Cherokee" is a little broad. Each recognized semi-sovereign band or tribe retains complete power -- jurisdiction -- to determine tribal enrollment of tribal members. That includes both the authority to set general rules and also the authority to admit or deny applications for enrollment in exception to those rules. Most commonly, tribes require a certain percentage of Indian blood overall and also a certain degree of relationship to enrolled members of that specific tribe or band. An applicant goes before tribal courts or the tribal council with an application alleging that genetic heretage and degree of relationship to tribal members, plus alleging any other factors required by that tribe's published admission criteria. (One may obtain copies of that current law by contacting the clerk of courts for the tribe.) The rest is up to the tribe's own institutions. (Some of what follows is pure politics.) Ideally, an applicant would hire an experienced attorney admitted to practice before the courts of that tribe who is known to the tribal council. That attorney would then assist in the tecnical aspects of the application and also in responding to questions or concerns of tribal members raised in the process. Depending upon the specific tribe's procedures, it might all come down to a simple vote of the tribal council or of all tribal members assembled. Once the tribe's highest authority has ruled according to that tribe's established procedures, there is no appeal to outside authority. Certain applicants have campaigned for a period of years before being admitted. Others get in at the first procedural opportunity.