In 1968 the Indian Civil Rights Act was passed by the USA. here is what that says:
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Indian Civil Rights Act of 1968 (25 U.S.C. §§ 1301-03)
§ 1301. Definitions
For purposes of this subchapter, the term -
''Indian tribe'' means any tribe, band, or other group of Indians subject to the jurisdiction of the United States and recognized as possessing powers of self-government;
''powers of self-government'' means and includes all governmental powers possessed by an Indian tribe, executive, legislative, and judicial, and all offices, bodies, and tribunals by and through which they are executed, including courts of Indian offenses; and means the inherent power of Indian tribes, hereby recognized and affirmed, to exercise criminal jurisdiction over all Indians;
''Indian court'' means any Indian tribal court or court of Indian offense.
§ 1302. Constitutional rights
No Indian tribe in exercising powers of self-government shall -
make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances;
violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized;
subject any person for the same offense to be twice put in jeopardy;
compel any person in any criminal case to be a witness against himself;
take any private property for a public use without just compensation;
deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense to have the assistance of counsel for his defense;
require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and in no event impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of one year and [1] a fine of $5,000, or both;
deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law;
pass any bill of attainder or ex post facto law; or
deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six persons.
§ 1303. Habeas corpus
The privilege of the writ of habeas corpus shall be available to any person, in a court of the United States, to test the legality of his detention by order of an Indian tribe.
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It is almost as important to note what the ICRA (Indian Civil Rights Act) did NOT do as well as what it does say.
The ICRA incorporated many constitutional protections, but it modified others or did not include them at all.
"The law did not impose the establishment clause, the guarantee of a republican form of government, the requirement of a separation of church and state, the right to a jury trial in civil cases, or the right of indigents to appointed counsel in criminal cases."
[SOURCE~Indian Civil Rights Act." US History Encyclopedia. © 2006 through a partnership of Answers Corporation]
These provisions were excluded because the government recognized the different political and cultural status of the tribes.
