Muscogee Nation Principal Chief David Hill has issued Executive Order No. 25-05, outlining the Nation’s plan to comply with a landmark Supreme Court decision requiring the incorporation of the Treaty of 1866’s Article II into Muscogee (Creek) law regarding citizenship for Freedmen descendants.

The Executive Order, signed Aug. 28, comes in direct response to the Muscogee Nation Supreme Court’s July 23, 2025, ruling in SC 2023 10, a case that challenged the exclusion of Freedmen descendants from full citizenship rights within the Nation. The Court held that the Treaty of 1866 between the United States and the Muscogee Nation remains in full legal effect and that its provision guaran- teeing Freedmen and their lineal descendants “all the rights and privileges of native citizens” must be enforced.

The Court also declared unconstitutional and void all references in Muscogee law and policy to citizenship “by blood,” significantly reshaping the legal landscape of the Nation’s constitutional interpretation and internal governance.

— A Delicate Balance of Power & Law In a formal statement, Chief Hill acknowledged the gravity and breadth of the Court’s ruling: “The Court held that the treaty remains binding and that references to ‘by blood’ citizenship in our laws are void. This decision has far-reaching implications across many parts of our government.”

However, Hill also voiced strong concerns about judicial overreach: “While I respect the Court, I must also point out that in striking language from our Constitution and laws, the Court exceeded its proper authority. The power to amend our Constitution rests with the people and the National Council-not with the judiciary.”

Despite these concerns, Chief Hill emphasized his duty to preserve governmental stability and uphold the rule of law. The executive order aims to provide a structured, lawful path forward in line with both the Court’s directive and the Nation’s sovereign legislative processes.

— Executive Order No. 25-05: Key Directives The order formally instructs the Muscogee (Creek) Nation Citizenship Office to continue accepting applications from Freedmen descendants, but not to issue citizenship or membership cards to new applicants until all laws and policies have been reviewed and revised to reflect the Supreme Court’s ruling.

Chief Hill’s order underscores several key principles:

• Respect for the separation of powers: Hill reiterates that only the National Council and the citizenry possess the authority to amend the Constitution.

• Government continuity: All departments are instructed to maintain status quo operations while reviewing policies for compliance with the new legal landscape.

• Commitment to fairness: The Executive Branch will collaborate with the Citizenship Office and the National Council to develop new, consistent standards and processes for Freedmen applications that are “fair, objective, and timely.”

• Sovereignty-first approach: Hill emphasized that the process of implementing the Court’s order will be carried out in a way that honors the sovereignty of the Muscogee Nation and the integrity of its institutions.

— Legal & Historical Context The Supreme Court’s opinion in Citizenship Board of the Muscogee (Creek) Nation v. Rhonda K. Grayson and Jeffrey D. Kennedy stems from a longstanding debate over the rights of Freedmen descendants, who trace their lineage to African American slaves once held by Muscogee citizens and freed after the Civil War.

Article II of the Treaty of 1866, signed with the United States government, granted Freedmen and their descendants the same citizenship rights as Muscogee citizens “of Indian blood.” For years, these rights were contested or denied outright in tribal law and policy, particularly due to interpretations privileging “by blood” requirements.

The Court’s opinion asserts that no federal legislation has ever abrogated the Treaty of 1866 and that the treaty remains “the supreme law of the land under both federal and Mvskoke law.”

— Forward Path: Lawful Implementation Through All Branches

While expressing disagreement with aspects of the Court’s reach, Chief Hill reiterated his intent to uphold the rule of law without sparking a constitutional crisis: “Even though my hope is that the citizens and all elected officials continue to discuss these issues and find solutions that are constitutionally sound and respectful of the Nation’s sovereign rights, the Muscogee (Creek) Nation Administration is currently challenged with the task of implementing the Order and following the direction of the Supreme Court.”

The Executive Order outlines a coordinated review process:

• Each department is directed to review and propose necessary amendments to their procedures.

• Changes requiring National Council approval will be routed through the Office of the Principal Chief and submitted for legislative review.

• The Citizenship Office will continue reviewing Freedmen applications, but will not issue any new ID cards until revisions are completed.

— Chief Hill: “This Is About the Rule of Law” Chief Hill closed his public statement with a focus on stability, unity and lawful governance: “This is not about politics, it is about the rule of law. We are committed to protecting the integrity of our government and the rights of all our citizens.”

The Executive Order is effective immediately and will remain in place until further notice. Copies have been distributed to all branches and departments of the Muscogee Nation government.