1968 Indian Civil Rights Act

Definition

The 1968 Indian Civil Rights Act is a federal law that extended certain constitutional rights to Native Americans living on reservations, specifically ensuring their civil rights and liberties within tribal jurisdictions. This act came in response to the broader civil rights movement and aimed to protect Native Americans from discrimination and violation of their rights by tribal governments, while also addressing the impacts of the termination policies that characterized the preceding era.

5 Must Know Facts For Your Next Test

1. The 1968 Indian Civil Rights Act was signed into law on April 11, 1968, by President Lyndon B. Johnson, marking a significant moment for the recognition of Native American rights.
2. This act incorporated many protections found in the Bill of Rights, such as freedom of speech, religion, and due process, specifically for tribal members.
3. While it granted civil rights protections, it did not provide a means for federal enforcement, leading to ongoing challenges in addressing violations by tribal governments.
4. The act also allowed Native Americans to sue tribal governments for violations of civil rights, although this was limited and often complicated by issues of tribal sovereignty.
5. The 1968 Indian Civil Rights Act represented a shift in federal policy from termination toward recognition of tribal rights, reflecting changing attitudes toward Native American issues during the late 1960s.

Review Questions

• How did the 1968 Indian Civil Rights Act reflect the broader civil rights movement occurring in the United States during that time?
  • The 1968 Indian Civil Rights Act was heavily influenced by the broader civil rights movement as it sought to extend constitutional protections to Native Americans who had been historically marginalized. The act aimed to address injustices faced by Native people, similar to how the civil rights movement worked to combat racial discrimination against African Americans. This connection highlights a growing awareness and advocacy for the rights of all oppressed groups in America during the 1960s.
• What limitations did the 1968 Indian Civil Rights Act have regarding enforcement of its provisions, and how did this affect its impact on Native American communities?
  • Although the 1968 Indian Civil Rights Act provided essential protections for Native Americans, it lacked a robust mechanism for federal enforcement of these rights. As a result, tribal governments often continued to operate without accountability, making it difficult for individuals to address grievances related to civil rights violations. This limitation led to ongoing struggles for many Native Americans as they sought redress from their own governments, underscoring the tension between civil rights protections and tribal sovereignty.
• Evaluate the long-term implications of the 1968 Indian Civil Rights Act on tribal sovereignty and governance within Native American communities.
  • The passage of the 1968 Indian Civil Rights Act has had lasting implications for tribal sovereignty and governance within Native American communities. While it aimed to protect individual civil rights, it also introduced federal oversight that sometimes conflicted with traditional forms of tribal governance. Over time, this has led to debates over how much influence external laws should have on tribal affairs and raised questions about balancing individual rights with collective cultural practices within tribes. The act continues to shape discussions around civil liberties and self-determination in Native American legal contexts today.

Related terms

Termination Policy: A federal policy implemented in the 1950s aimed at assimilating Native Americans into mainstream American society by terminating the special relationship between tribes and the federal government.

Tribal Sovereignty: The inherent authority of indigenous tribes to govern themselves within the borders of the United States, recognized in part through various treaties and legal precedents.

Civil Rights Movement: A social movement in the United States during the 1950s and 1960s aimed at ending racial discrimination and securing equal rights for African Americans, which influenced other marginalized groups, including Native Americans.