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5 Colum. J. Race & L. 100 (2014-2015)
Cherokee Freedmen and the Color of Belonging

handle is hein.journals/cjoral5 and id is 100 raw text is: 


Cherokee Freedmen and the Color of Belonging


    CHEROKEE FREEDMEN AND THE COLOR OF

                                      BELONGING


                                      LOLITA  BUCKNER INNISS*

        This Article addresses the Cherokee Nation and its historic confkct with the descendants of itsformer black
        slaves, designated Cherokee Freedmen. This Article sperficaly addresses how historic discussions of black,
        red, and white skin colors, desinating the African-ancestored, aborginal (Native American), and European-
        ancestored people of the United States, have helped to shape the contours of color-based national belonging
        among the Cherokee. The Cherokee past practice of black slavery and the past and continuing use of skin
        color-coded belonging not only undermines the coherence of Cherokee sovereignly, identity, and belonging but also
        problematiZes the notion of an exp§city aborxginal way of lfe ly bridging red and white cultural difference over
        apoint of legal and ethical contention: black inequaliy.

        I.      INTRODUCTION......................................................101

        II.     THE  NATIVE   AMERICAN   SOVEREIGNTY CONUNDRUM ......              ............103

        III.    CHEROKEE COLOR-BASED BELONGING, SLAVERY, AND POLITICAL
                LEGITIMACY......................................................... 105

                A.      Skin Color Discourse  as the Source of Belonging .....      ......... 108

                B.      Whiteness  and Cherokee  Political Legitimacy ........     ............108

                C.      Cherokee  Constitutional Norms,  Color, and Citizenship.................111

        IV.     CHEROKEE FREEDMEN EMANCIPATION AND ITS AFTERMATH.................. 114

        V.      CONCLUSION: THE END OF AN ERA, BUT NOT THE END OF COLOR-BASED
                CLAIMS  TO BELONGING          .................................. ........... 118















 Professor of Law, Cleveland-Marshall College of Law, Cleveland State University. Ph.D and LLM with Distinction,
 Osgoode Hall, York University; J. D., University of California, Los Angeles; A.B., Princeton University. The author
 thanks members of the Harvard University Law School Institute for Global Law and Policy, members of the Lutie Lytle
 Workshop, and Dean Kevin R. Johnson of the University of California, Davis for reviewing versions of this article. The
 author offers special thanks to Associate Dean Carla Pratt of Pennsylvania State University School of Law for her in
 depth comments on earlier drafts of this article. Finally, but not least, the author thanks the editors of the Columbia
Journal of Race and Law and especially Madiba Dennie for her assistance during the editing process.


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Vol. 5.2

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