Angela, you are right on the money. The 2003 amendment is the root of the evil. It was not, is not and apparently will not be approved by the BIA because it violates the 1866 Treaty and disfranchises Cherokee citizens. Eminating from the disapproval is a whole host of fallout. Some of them are:
1. The 2003 (1999) Constitution is not recognized and therefore not valid.
2. Positions created by the 2003 (1999) constitution are not valid. They include three judges appointed to the Supreme Court and in fact, the Supreme Court itself is not valid. The Attorney General, Secretary of State and Sheriff (head marshal) are not valid, and the two at-large council positions are not valid.
3. Any ruling by the invalid judges sitting on the invalid court is rendered invalid ie the protest of the anti-Freedmen petition in which two of the valid judges sitting at that time, Stacy Leeds and Daryl Dowty constituted a majority in opposition to the petition.
4. The Election Commission may not be valid if it was constituted under the authority of a law eminating from the authority of the invalid constitution, thus jeopardizing the June 23 election.
5. The March 3rd vote to oust the Freedmen is invalid (see #3) and thus, they remain citizens of the Cherokee Nation.