Will the Cherokee Nation’s Congressional Delegate Have Voting Power?

The Cherokee Nation is making significant strides towards establishing a Congressional delegate, but the full extent of the delegate's voting power remains in question.

Delegation in Oklahoma and North Carolina

Oklahoma and North Carolina now have the potential to create Congressional districts that favor Cherokees, potentially giving them a real Congressman. This development could significantly benefit the Cherokee community's representation in federal legislation.

The Delegate as a Puerto Rican Analog

The role of a potential Cherokee delegate is comparable to that of a Puerto Rican delegate. Like current delegates, the proposed Cherokee delegate would have limited voting rights, primarily on the House floor during Committee of the Whole procedures. However, if such a vote leads to a change in an amendment, it would need to be re-taken in the full House, where the delegate would not be allowed to vote. This is often referred to as the 'it counts when it doesn’t count and doesn’t count when it counts' phenomenon.

Delegation Processes and Limitations

According to the Treaty of New Echota, which the Cherokee Nation cites, establishing a delegate position would require a new law enacted by Congress. Currently, all delegates, including Puerto Rico's, are elected directly by the people they represent. In contrast, the leaders of the Cherokee Nation plan to appoint their delegate through their tribal council.

It is important to note that due to the unique status of the Cherokee Nation as a tribal government rather than a state, any delegate they appoint would not have the same voting rights as a state's representative.

Conclusion

The future of the Cherokee Nation's congressional delegate remains uncertain, given the limited voting rights and the procedural obstacles that must be overcome. Nonetheless, efforts to establish such a delegate indicate a strong commitment to increasing political representation for the Cherokee Nation on the national stage.