Title: Native Americans and the Law : Native Americans Under Current United States Law
Headings: 
Native Americans and the Law: Native Americans Under Current United States Law
Suggestions for Further Reading

Content: As non-parties to the United States Constitution, the tribes are not subject to the restrictions contained in the Bill of Rights or subsequent amendments. Talton v. Maves, 163 U.S.. 376  (1896). Thus tribes have been free historically to legislate to the extent allowed by their own constitutions. Many of these constitutions contained provisions equivalent or analogous to the Bill of Rights provisions. Nevertheless, in 1968, inspired by the Civil Rights movement, Congress passed a statute imposing on tribal governments many of the Bill of Rights provisions and other limitations as well. Some of the Bill of Rights provisions were not included in the Indian Civil Rights Act. The Act does not, for example, prohibit the establishment of religion by tribal governments. On the other hand, in some instances the Act is more limiting than the Bill of Rights. Under the Act in its present version, for example, tribal courts are denied the power to impose sentences in criminal cases in excess of $5000 and/or one year in jail. This restriction has made it difficult for many tribal courts to address criminal activity in their jurisdictions.