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Indian Civil Rights Act of 1968
Indian Civil Rights Act of 1968 applies to the Indian tribes of the United States and makes many, but not all, of the guarantees of the Bill of Rights applicable within the tribes.〔Robert J. McCarthy, "Civil Rights in Tribal Courts; The Indian Bill of Rights at 30 Years," 34 ''IDAHO LAW REVIEW'' 465 (1998).〕 The Act appears today in Title 25, sections 1301 to 1303 of the United States Code.
== Events before passage of ICRA ==
The U.S. Supreme Court had made clear that tribal internal affairs concerning tribal members' individual rights were not covered by the Fifth Amendment to the U.S. Constitution. However, the tribes were ultimately subjected to the power of Congress and the Constitution.〔"(Indian Civil ,Rights Act )." US History Encyclopedia. © 2006 through a partnership of Answers Corporation.〕 The court case ''Talton v. Mayes'' helped establish these principles. There were other court cases over the following years to continue the thoughts "that tribes were not arms of the federal government when punishing tribal members for criminal acts and that Indian tribes were exempt from many of the constitutional protections governing the actions of state and federal governments."〔
Later in the 1960s, Congress held a series of hearings on the subject of the authority of tribal governments. These hearings told about the abuses that many tribal members had endured from the "sometimes corrupt, incompetent, or tyrannical tribal officials." In response to these occurrences, the Indian Civil Rights Act was enacted.〔
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