It’s up to the US Government”
Isn’t it also up to the Tribe? At least to a certain extent? I know plenty of people who have joined later in life and they go to the tribe and present their case, usually in the form of documentation. I sort of thought the Tribe had the last word (of course, their discretion might be defined by the US).
Interesting body of law, for sure.
In any event, I am pretty sure that Warren has not been very involved in Cherokee activities. I doubt if she has ever even set foot in Oklahoma.
15% of the people in Oklahoma claim Indian ancestry/affiliation in the census. That's a lot more than claim membership.
I've never met a reservation Indian who would go back. They're just like everybody else once they get out of that sort of environment.
Whatever rules the Indians have does not in any way change the way the US government looks at that tribe when it comes to "recognition". They could say (as one band of Cherokee have done) black people can't be Cherokee. The US government set the standard that the black slaves the Cherokee took with them to Oklahoma were also Cherokee. The issue is "recognition" not DNA ~ and then DNA (to a small degree since adoption can fix those deficiencies), and then having an ancestor on the rolls (if there are rolls) ~ with some of the rolls actually being US government rolls!
The Oneida and Canandagua Indians found their lands sold off by the State of New York when the state said 'Hey, white people can't be Indians, and all the Oneida are white people, so they must move off their lands".
The Oneida had long been in the habit of bringing in Europeans to teach and do skilled trades and teach advanced farming techniques ~ and make guns ~ lots of guns ~ so many your eyes would spin in their sockets.
During the British colonial period the Brits didn't interfere with Oneida business. During the Revolution the Oneida were American allies. After the Revolution the Oneida encountered the state of New York which didn't recognize US government treaties.
Complex business all around.