Most people rarely think about tribal courts. When we hear “legal system,” we think of state courts, federal judges, and maybe the U.S. Supreme Court. But in Indigenous Nations, there exists a vibrant, evolving world of Indigenous legal systems, courts that deserve far more attention and respect than they usually receive.
In Cherokee Nation Proceed Undaunted, Chadwick “Corntassel” Smith opens the doors to this often-overlooked world. He shows how tribal courts, far from being symbolic or secondary, are in fact foundational to Indigenous sovereignty. They are where Indigenous law lives, breathes, and adapts to modern challenges while staying rooted in cultural values.
For the Cherokee Nation, the court system is not just about resolving disputes but also protecting democracy. Smith recounts how an executive order once suspended the Cherokee Supreme Court, and how judges were unlawfully removed in ways that violated the Constitution.
However, the narrative continues with reform rather than failure. The Cherokee judiciary was protected and ultimately restored through citizen involvement, constitutional advocacy, and legal challenges. As the courts operate autonomously once more today, they enforce tribal law and provide an accountable, culturally appropriate model of Indigenous justice.
The Cherokee Nation’s tribal courts fulfill a variety of functions. They are charged with defending the rights of tribal citizens, interpreting tribal constitutions, and deciding civil cases. But perhaps most importantly, they must offer a legal space that understands and respects the unique experiences of Indigenous people.
Unlike many outside courts, which often apply one-size-fits-all interpretations of law, tribal courts can incorporate community values, restorative practices, and traditions. Although Cherokee justices are qualified attorneys with experience in federal law, this does not imply that they are any less strict or more competent; instead, it means they are burdened with the additional requirement of cultural legitimacy.
Even so, these courts are frequently disregarded and underfunded, and their legitimacy is even called into question. Federal agencies often bypass them, and state courts may try to override them. The general public, unfamiliar with Indigenous legal systems, rarely understands their power or potential.
That needs to change. Therefore, Smith makes the case that strengthening tribal courts is one of the most powerful ways to protect tribal sovereignty. It’s also a way to address issues like violence against Native women, disputes over land, and questions of tribal membership with solutions grounded in community, not colonial law.
For the Cherokee Nation, in the last decade, the Cherokee Nation courts have become politicized, often pandering to a kleptocratic administration. The reputation of all tribal courts is impugned by the acts of the Cherokee Nation courts when they abandon sound jurisprudence.
As debates around criminal justice, civil rights, and democratic decline unfold in the broader United States, tribal courts must not follow suit. They can show us how legal systems can be responsive, rooted in values, and driven by the people they serve.
Cherokee Nation Proceed Undaunted reminds us that Indigenous justice systems are not a footnote. They are a vital part of the legal landscape. And if we want a more just future, we should start by paying attention to them.
For more information, please read Cherokee Nation Proceed Undaunted. available on Amazon : https://www.amazon.com/dp/B0FN47D586/
