The Indian Civil Rights Act of 1968

The Indian Civil Rights Act of 1968

The Indian Civil Rights Act (ICRA) of 1968, signed into law by President Lyndon B. Johnson, represents a pivotal moment in the history of Native American legal rights. This act was passed to address the civil liberties of Native Americans within the jurisdiction of tribal governments, mirroring many of the protections found in the U.S. Bill of Rights. The ICRA was a response to concerns over the administration of justice by tribal governments, which were perceived to vary widely in terms of fairness and effectiveness. Key provisions of the ICRA include the guarantee of freedom of speech, religion, and the press, as well as protection against unreasonable search and seizure, and the right to a speedy and public trial.

Tribal Sovereignty and the Indian Civil Rights Act

Prior to the ICRA, Native American tribes exercised inherent sovereignty, which included the power to govern themselves, establish justice systems, and engage in relations with the federal government. Tribal sovereignty allowed tribes to levy taxes, form corporations, and set their own membership criteria. While tribes had authority over many aspects of their internal affairs, the federal government retained jurisdiction over major crimes committed on reservations, as defined by the Major Crimes Act. The ICRA acknowledged the unique dual citizenship of Native Americans, recognizing their membership in both their respective tribes and the United States, and sought to balance the preservation of tribal sovereignty with the protection of individual rights.

Judicial Authority within Native American Tribes

Tribal courts held jurisdiction over legal matters involving their members within their territories, except for major crimes that were under federal jurisdiction. When both parties to a dispute were members of the same tribe, the tribal justice system would handle the case. However, if the dispute involved members of different tribes or non-Native individuals, the case would typically fall under the jurisdiction of federal or state courts. The ICRA did not alter the existing jurisdictional arrangements but aimed to ensure that the rights of individuals were protected in tribal courts.

Rights Afforded by the Indian Civil Rights Act

The ICRA conferred upon Native Americans a suite of rights to be upheld by tribal governments, including protections against double jeopardy and self-incrimination, and the prohibition of excessive bail and cruel and unusual punishment. It also established the right to a jury trial in certain cases and the right to legal counsel at one's own expense. Notably, the ICRA did not impose a separation of church and state within tribal governments, thereby respecting the cultural and religious practices of tribes while safeguarding individual freedoms.

The Impact and Controversy of the Indian Civil Rights Act

The enactment of the ICRA had profound implications for the governance of Native American tribes, mandating that tribal courts uphold a standardized set of individual rights. While the act was welcomed by many for providing these protections, it also sparked controversy among those who saw it as an encroachment on tribal sovereignty. The enforcement of the ICRA allowed for federal oversight in instances of alleged violations, raising concerns about the erosion of traditional governance and the potential for cultural assimilation. The Supreme Court case Santa Clara Pueblo v. Martinez (1978) underscored the limitations of federal enforcement, ruling that while the ICRA's provisions were binding on tribal governments, the federal courts could not enforce them through civil actions against the tribes themselves.

Significance of the Indian Civil Rights Act

The Indian Civil Rights Act of 1968 is a cornerstone in the legal landscape of Native American rights, fundamentally altering the dynamic between tribal nations and the federal government. It established a legal framework for the protection of individual rights within the context of tribal sovereignty and continues to be a touchstone in discussions about Native American rights and tribal autonomy. The legacy of the ICRA underscores the complex interplay between self-determination for Native American tribes and the role of federal oversight in ensuring the protection of civil liberties.