Also known as the Indian Civil Rights Act, a part of the Civil Rights Act of 1968 that applies the Bill of Rights and the Fourteenth Amendment to the actions of tribal governments and tribal courts.
In Colliflower v. Garland
President Harry S. Truman meeting with Indian leaders at the signing of the Indian Claims Commission Act in 1946.
Framed not only as a move toward self-determination and self-sufficiency for American Indian nations and tribes but also as a guarantee of the civil rights of American Indians in the face of action by tribal courts, the act combined ten protections with a habeas corpus clause that was broader in scope than that applied in Colliflower. The act allowed similar protections as those found in the Bill of Rights and the Fourteenth Amendment, with small but notable differences. Because only minor crimes were considered within the purview of tribal courts, the question of representation was raised. Outside the realm of tribal law, right to counsel was guaranteed but at the defendant’s expense. In addition, the act stipulated that the maximum term of detention or imprisonment and the maximum applicable fine be set at one year and five thousand dollars respectively. The provision for a writ of habeas corpus was the only federal remedy made available for redress of violations of the Indian Civil Rights Act.
Critics of the Indian Bill of Rights frequently based their arguments on the effect of the law on the issue of tribal sovereignty. In Dodge v. Nakai
Pursuant to the Indian Bill of Rights, tribal governments can, in general, be sued only by the federal government. This liability was established in United States v. Yakima Tribal Court
Deloria, Vine, Jr., and Clifford M. Lytle. American Indians, American Justice. Austin: University of Texas Press, 1983. McCarthy, Robert J. “Civil Rights in Tribal Courts: The Indian Bill of Rights at Thirty Years.” Idaho Law Review 34 (1998): 465.
Crow Dog, Ex parte
Lone Wolf v. Hitchcock
Native American law
Native American sovereignty
Native American treaties
Santa Clara Pueblo v. Martinez