• Last updated on November 11, 2022

The Supreme Court held that Native Americans in tribal courts were not protected in the same way as other U.S. citizens.

A Native American convicted of murder in a Cherokee nation court maintained that his trial was unfair because the indicting grand jury had only five members, contrary to the Fifth Amendment. However, by an 8-1 vote, the Supreme Court found that the Fifth Amendment did not apply because the Cherokee nation retained its sovereignty. In the opinion for the Court, Chief Justice Edward D. WhiteWhite, Edward D.;Talton v. Mayes[Talton v. Mayes] held that the U.S. Bill of Rights did not apply to Native Americans in tribal courts. Federal law would not apply unless tribal law conflicted with a specific national law applied to Native American tribal governments. Justice John Marshall Harlan dissented.Native American sovereignty;Talton v. Mayes[Talton v. Mayes]Fifth Amendment;Talton v. Mayes[Talton v. Mayes]

Fifth Amendment

Indian Bill of Rights

Muskrat v. United States

Native American law

Native American sovereignty

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