Indian Civil Rights Act

Definition

The Indian Civil Rights Act of 1968 was a landmark piece of legislation that aimed to extend many of the protections guaranteed by the Bill of Rights to Native Americans living on reservations. It addressed issues such as discrimination, due process, and equal protection under the law while also recognizing the need for tribal sovereignty in governing their own affairs.

5 Must Know Facts For Your Next Test

1. The Indian Civil Rights Act was signed into law by President Lyndon B. Johnson on April 11, 1968, as part of a broader civil rights movement.
2. Although the Act aimed to protect individual rights, it did not apply to all aspects of tribal governance, particularly in areas such as criminal law where tribes retained authority.
3. The legislation marked a significant shift in federal policy by recognizing the importance of civil rights for Native Americans while still balancing this with tribal sovereignty.
4. One major effect of the Act was increased dialogue around the treatment of Native Americans and a growing awareness of their rights in American society.
5. Despite its intention to protect individual rights, some critics argue that the Act inadequately addressed the unique cultural and legal contexts of Native American tribes.

Review Questions

• How did the Indian Civil Rights Act impact the relationship between Native American tribes and the federal government?
  • The Indian Civil Rights Act significantly influenced the relationship between Native American tribes and the federal government by extending many civil rights protections while also acknowledging tribal sovereignty. By recognizing certain rights under federal law, the Act created a framework for individuals within tribes to assert their rights while also allowing tribes to maintain some degree of self-governance. This duality fostered greater discussions about the balance between individual rights and tribal authority.
• In what ways did the Indian Civil Rights Act address issues related to tribal governance, and what were its limitations?
  • The Indian Civil Rights Act sought to address issues such as discrimination and due process within tribal governance by extending certain protections similar to those found in the Bill of Rights. However, its limitations included not fully applying these protections in areas like criminal justice, where tribes retained significant authority. This means that while individuals could seek protection under federal laws, tribes still had considerable power over their own legal systems, leading to ongoing debates about rights and sovereignty.
• Evaluate how the Indian Civil Rights Act influenced later movements for Native American rights and self-determination.
  • The Indian Civil Rights Act laid foundational groundwork for subsequent movements advocating for Native American rights and self-determination by raising awareness of individual rights within tribal contexts. Its passage catalyzed activism among Native Americans who sought greater control over their governance and cultural identity. The recognition of civil rights helped fuel later efforts toward self-determination policies in the 1970s, leading to a broader movement that emphasized tribal autonomy and the right to self-governance in addressing social and economic issues.

Related terms

Tribal Sovereignty: The inherent authority of indigenous tribes to govern themselves and make decisions about their own internal affairs without interference from external authorities.

Termination Policy: A federal policy in the 1950s aimed at assimilating Native Americans into mainstream American society by terminating the special relationship between tribes and the federal government.

Self-Determination: The principle that Native American tribes have the right to make decisions regarding their governance, culture, and economic development, reflecting a shift away from paternalistic federal policies.