Provisions of The Indian Civil Rights Act
No Indian tribe in exercising powers of self-government shall - 1. make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances; 2. violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized; 3. subject any person for the same offense to be twice put in jeopardy 4. compel any person in any criminal case to be a witness against himself; 5. take any private property for a public use without just compensation; 6. deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witness against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense to have the assistance of a counsel for his defense; 7. require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and in no event impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of one year and a fine of $5,000, or both 8. deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law 9. pass any bill of attainder or ex post facto law; or 10. deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six persons.
This act also requires tribal courts to afford due process and other civil liberties. Along with this, Native American courts try to provide a setting similar to that of a U.S. courtroom which is familiar to lawyers. This not only aided the attorneys; it helped divert outside ridicule and it established the fact that these tribal courts were "real" courts. Tribal courts adopted the rules of evidence, pleading, and other requirements similar to these in state and federal courts.
The ICRA incorporated many constitutional protections, but it modified others or did not include them at all. "The law did not impose the establishment clause, the guarantee of a republican form of government, the requirement of a separation of church and state, the right to a jury trial in civil cases, or the right of indigents to appointed counsel in criminal cases." These provisions were excluded because the government recognized the different political and cultural status of the tribes.
Even though the federal government respected their individuality in this respect, the establishment of the ICRA caused the tribal governments to "mirror" modern American courts and procedures.
The impact of ICRA was greatly limited by the Supreme Court by the Santa Clara Pueblo v. Martinez court case (1978). Martinez involved a request to stop denying tribal membership to those children born to female (not male) tribal members who married outside of the tribe. The mother who brought the case pleaded that the discrimination against her child was solely based on sex, which violated the ICRA. The courts decided that "...tribal common-law sovereign immunity prevented a suit against the tribe." Martinez ultimately strengthened tribal self-determination by further proving that generally, the federal government played no enforcement role over the tribal governments.
Read more about this topic: Indian Civil Rights Act Of 1968
Famous quotes containing the words provisions, indian, civil, rights and/or act:
“Drinking tents were full, glasses began to clink in carriages, hampers to be unpacked, tempting provisions to be set forth, knives and forks to rattle, champagne corks to fly, eyes to brighten that were not dull before, and pickpockets to count their gains during the last heat. The attention so recently strained on one object of interest, was now divided among a hundred; and, look where you would, there was a motley assemblage of feasting, talking, begging, gambling and mummery.”
—Charles Dickens (18121870)
“The white mans mullein soon reigned in Indian corn-fields, and sweet-scented English grasses clothed the new soil. Where, then, could the red man set his foot?”
—Henry David Thoreau (18171862)
“We find ourselves under the government of a system of political institutions, conducing more essentially to the ends of civil and religious liberty, than any of which the history of former times tells us.”
—Abraham Lincoln (18091865)
“Since womans rights have come up a young woman is better able to fight her own battle.”
—Anthony Trollope (18151882)
“It would be one of the greatest triumphs of humanity, one of the most tangible liberations from the constraints of nature to which mankind is subject, if we could succeed in raising the responsible act of procreating children to the level of a deliberate and intentional activity and in freeing it from its entanglement with the necessary satisfaction of a natural need.”
—Sigmund Freud (18561939)