What protection do Native Americans have under U.S. law?
Native Americans have a long history of legal protection under U.S. laws. The U.S. Constitution, federal Indian treaties, and federal statutes all provide Native American tribes with rights and legal protections. The U.S. Constitution states that the federal government has a “responsibility and trust relationship” with Native American tribes. This trust relationship allows tribes to act as autonomous governments and to have sovereignty over tribal lands and resources. Additionally, federal Indian treaties provide a legal and political basis for Native American tribes to maintain their right to self-government and their relationship with the United States government. In addition to the trust relationship, numerous federal statutes have been passed that protect Native American rights. Two of the most important pieces of legislation are the Indian Civil Rights Act (ICRA) and the Indian Self-Determination and Education Assistance Act (ISDEA). The ICRA guarantees Native Americans the same civil and political rights as all U.S. citizens, including freedoms of speech, expression, and assembly. The ISDEA allows tribes to develop self-governance and self-determination programs with the support of the federal government. On a state level, California has several laws that protect Native American rights. These include the Native American Heritage Commission Act, which works to preserve and promote California’s Native American cultural and historical heritage. Additionally, California recognizes Native American tribes’ right to hunt, fish, and gather on tribal lands. Native Americans are protected by U.S. law in several ways. The federal government has a trust relationship with tribes, and has passed several federal statutes that protect Native American rights. Additionally, the state of California has laws that protect and promote Native American cultural and historical heritage.
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