Indian Civil Rights Act of 1968

What are the short- and long-term

goals and outcomes of the policy?

Better Life

Indian Civil Rights Act of 1968

• US “impose” on indigenous peoples and tribal law

by offering protections as stated in the US Constitution

like freedom of religion, etc.

• This policy was seen as intrusive and invasive by the indigenous people.
• This policy changed the way tribes treated their civil and criminal cases, they now had to do procedures similar to an american courtroom like requiring evidence and “pleading”.

• Quality of life
• Positive Social Relationships between

the indigenous people and overall

society

• Social work values

Policy Analysis

• Just & Democratic
• Contribute to greater social equality

What are the administrative auspices

under which the policy will be lodged?

How will the policy be implemented?

BUT...

• The law had all these goals and statements but at the end of the day it was never really imposed because in cases of indigenous peoples the tribal law always overpowers

Main Goal

• Hearings took place prior to this policy being “implemented”
• Hasn't really been successful
• Tribal law still overpowers

• never implemented
• written, but unsuccessful
• tribal law always overpowers

The United States would protect the Native Americans using

the Constitution

Who will be covered by this law?

What resources or opportunities

is the policy expected to provide?

Should we include list of things the Tribal government cant do?

• Individuals abiding by tribal law are supposed to be protected by this law
• This law allows them to question “legality” of tribal processes

How does this policy work?

• The Indian Civil Rights Act of 1968 governs

what a tribe can and cannot do within

their self governed communities

What caused the problem?

• Cherokee Nation v. Georgia (1831)
• Worcestor v. Georgia (1832)
• Talton v. Mayes (1896)

The effects

• Sovereignty of tribal nations
• Violation of individual protection

What was the issue?

• The Bill of Rights wasn’t created for Native Americans

Legislative History

• Indian Removal Act (1830)
• Treaty of New Echota (1835)
• Trail of Tears
• Dred Scott v. Sandford (1857)
• Dawes Act (1887)

-Curtis Act (1898)

-Burke Act (1906)

• Indian Citizenship Act (1924)

Any questions?

Policy Changes over Time

• Sovereign immunity
• Santa Clara Pueblo v. Martinez (1978)
• Writ of habeas corpus

Historical Background

• Tribal government could decide
• Cherokee Nation v. Georgia (1831)
• Domestic dependent nations

Indian Civil Rights Act of 1968

Historical Background

• Protect tribe members like Americans are protected
• Protect only some of their American rights
• Has differences from Bill of Rights

• Signed into law on April 11, 1968 by Lyndon B. Johnson
• Applied some of the Bills of Rights to members of Native American tribes

Historical Problems

• Cherokee Nation v. Georgia (1831)
• Worcester v. Georgia (1832)
• Talton v. Mayes (1896)
• No corruption
• No outside interference
• 1960 case hearings

Alexandra Bobbitt, Rachel Bryan, Taylor Ortiz, MyLynda Stubblefield