The clever earned media by Jim Barnett, Scott Brown's Campaign Manager, has moved beyond the right-of-right tabloid Boston Herald and is making hermetic ripples in some mainstream legal blogs. Occasional contributor to The Volokh Conspiracy, Todd Zywicki has what he clearly believes is the best evidence and analysis -- New England Historical Genealogical Society Rescinds Conclusion that Elizabeth Warren Might Be Cherokee. Brian Leiter (Chicago), who co-authors Brian Leiter's Law School Reports with Dan Filler (Drexel), fires back with Todd Zywicki Jumps the Shark on his Elizabeth Warren Obsession. Carl Bogus (Roger Williams) also blogs on what he refers to as The Elizabeth Warren Mystery.
In a nutshell, Zywicki rules Warren a fraud pursuing hiring preferences, Leiter finds Zywicki a ideological hack, and Bogus finds pretty much as I did when I wrote We write Campaign Managers, last week, when the clever earned media by Jim Barnett, Scott Brown's Campaign Manager, was making the rounds in ICT -- in Lindsey Catherine Cornum's piece -- Elizabeth Warren and the Politics of Being Indian, and Steve Russel's piece -- Elizabeth Warren: Box-Checking for Fun and Profit, and Suzan Shown Harjo's piece -- What’s the Deal With Elizabeth Warren, Cherokee? and Rob Capriccioso's piece -- Elizabeth Warren Finally Teaches a Lesson on Native Identity, which includes extensive quotes from Robert Warrior.
Each of these writers -- Brian Leiter, Todd Zywicki, and Carl Bogus -- goes out of his way to mention blood -- missing the central legal point established by the Dawes Commissioners a century ago, that citizenship in any of the several Indian Territorial Removal polities, in particular the Cherokee Nation during the years the Dawes Commissioners were registering individuals as "Cherokee by blood" or "Cherrokee Freedman", was determined clerically, upon presentation by the individual seeking to be enrolled in the Commission's Rolls. Each also misses the corollary, the central issue of the Cherokee Nation elections of 2005 (principal chief election), 2007 (constitutional amendment election) and 2011 (principal chief election), that a citizen of the Cherokee Nation need not meet the "single drop of Indian blood" test.
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This from Carl Bogus' piece:
She also knew that claiming to be Native American when she was only 1/32 Cherokee, if examined by a hiring committee, would make her look foolish and be more likely to hurt rather than help her chances of being hired.
If Carl knew as little as I do about the CNO, he'd know at least one member of the Tribal Council has a BQ of ... (insert drum roll here) 1/256. That's a Citizen of the Nation, and lawfully elected official of the Nation, who could just as well hold any other Constitutional Office. The "she knew that" may be true, but if so it merely means that, like most Outlanders (I worked the 2006 election, so I actually know something, about the voter file, Outlanders eligible to vote, and how all over the map vote eligible Outlanders are and how susceptible they are to push messages, lacking any independent means of contact with the rest of the electorate), Elizabeth Warren knew two decades ago as little about Cherokee Identity as Carl Bogus does today.
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