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Removing “by blood”: Context and Politics in the Cherokee Supreme Court Decision to Alter the Constitution

April 5, 2021
Aaron Kushner

On March 25th, 2021, I published an article in The Conversation offering a brief overview of the Cherokee/U.S. struggle over defining tribal citizenship. The Cherokee Supreme Court in February 2021 unilaterally struck the words “by blood” from the Cherokee Constitution, ostensibly granting Freedmen the right to run for tribal office – a right they already […]

Holding the Government to its Word: McGirt v. Oklahoma and Tribal Sovereignty

July 15, 2020
Aaron Kushner

Justice Neil Gorsuch, writing for the majority in McGirt v. Oklahoma, answers the question “whether the land [previous] treaties promised [the Muscogee (Creek) Nation] remains an Indian reservation for purposes of federal criminal law” with a resounding “yes.” The 5-4 decision reaffirms the Creek Nation’s sovereignty over lands long practically-administrated by the State of Oklahoma, […]

Republicanism – A Going Concern

September 3, 2019
Aaron Kushner

In Philadelphia, at the recently opened Museum of the American Revolution, there is an exhibit that proclaims “a republic means the well-being of everyone.” Surrounded by artifacts, both physical and theoretical, from the American war for independence, this statement stands out. If republican government ensures the well-being of everyone, was the United States a republic […]

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Burke and Adams: Tradition vs. Constitutionalism

December 16, 2022

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