Mitchell Hamline School of Law Mitchell Hamline Open Access Faculty Scholarship 2013 Muscogee Constitutional Jurisprudence: Vhakv Em Pvtakv (The aC rpet Under The Law) Sarah Deer Mitchell Hamline School of Law,
[email protected] Cecilia Knapp
[email protected] Publication Information 49 Tulsa Law Review 123 (2013) Repository Citation Deer, Sarah and Knapp, Cecilia, "Muscogee Constitutional Jurisprudence: Vhakv Em Pvtakv (The aC rpet Under The Law)" (2013). Faculty Scholarship. Paper 257. http://open.mitchellhamline.edu/facsch/257 This Article is brought to you for free and open access by Mitchell Hamline Open Access. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact
[email protected]. Muscogee Constitutional Jurisprudence: Vhakv Em Pvtakv (The aC rpet Under The Law) Abstract In 1974, a group of Mvskoke citizens from Oklahoma sued the federal government in federal court. Hanging in the balance was the future of Mvskoke self-determination. The lp aintiffs insisted that their 1867 Constitution remained in full effect, and that they still governed themselves pursuant to it. The nitU ed States argued that the constitution had been nullified by federal law passed in the early 1900s. To find in favor of the plaintiffs, the court would have to rule that the United States had been ignoring the most basic civil rights of Mvskoke citizens and flouting the law for over seventy years. It would also have to find that a tribal government had been operating legitimately in the shadows—that the Mvskoke people had continued to operate under their constitution for most of the twentieth century despite official federal antagonism.