Talton V. Mayes - Effects - Legislation

Legislation

Talton v. Mayes also had an effect on legislation, most notably the Indian Civil Rights Act of 1968. While Talton v. Mayes did uphold the fact that the tribes were sovereign in their purely local affairs, it also said that while they were "possessed of . . . attributes of local self government, when exercising their tribal functions, all such rights are subject to the supreme legislative authority of the United States.” and that "Congress has plenary authority to limit, modify or eliminate the powers of local self-government which the tribes otherwise possess." Congress used that power to create the Indian Civil Rights Act, which forced Indian tribes to mimic the procedures of US courts in their judicial actions. While the Indian Civil Rights Act did not force the entire Constitution upon the Indians, it did include quite a few and forced the issue of plenary power, Congress using its abilities to control the way Indian justice is served.

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