Title: Indian Civil Rights Act Resources on the Tribal Court Clearinghouse
Headings: 
Indian Civil Rights Act
What is the Indian Civil Rights Act?
Enforcement of ICRA
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Content: Indian Civil Rights Act Resources on the Tribal Court Clearinghouse














Indian Civil Rights Act
What is the Indian Civil Rights Act? Native Nations, whose political systems and traditions predate the United States and the passage of the Constitution, never agreed to any of the terms in the Constitution, including the Bill of Rights. This idea that tribes were not subject to limitation by the Bill of Rights because of their established sovereignty was most clearly communicated in Talton v. Mayes, 163 U.S. 376 (1896). In Talton, the Supreme Court held that Native Nations are “distinct, independent political communities” and found that tribal governments and their courts were not subject to Fifth Amendment limitations applicable to federal and state governments because of their distinctiveness that predates the Constitution. During the Civil Rights era, members of Congress became concerned about American Indian civil rights in Indian country. However, American Indian individuals and groups like the American Indian Movement were concerned about American Indian rights violations by federal and state authorities. The concerns of Congress, violations by tribal authorities, are addressed in Indian Civil Rights Act, which passed in 1968. ( 25 U.S.C.§§ 1301-1304)
For more on ICRA and other information on the relationship among tribal, state and federal governments, consider purchasing: Deer, Sarah. Introduction to Tribal Legal Studies.