What protection do Native Americans have under U.S. law?

Native Americans have a unique legal relationship with the United States and the protections offered to them are different from those of other citizens. While the US Constitution does not specifically guarantee rights to Native Americans, Congress has enacted numerous laws to ensure their legal protection. The Education Act of 1988, for instance, guarantees Native Americans the right to a public education in state-funded programs. This act also states that Native American tribes should be consulted before any state action affects lands owned or used by Native Americans. The Indian Civil Rights Act of 1968, also known as the Indian Bill of Rights, grants Native Americans certain protections that are similar, but not equal to, those of the US Constitution. These include the freedom to practice their religion, the right to vote, the right to a trial by jury, and the right to remain silent in a criminal trial. The Native American Graves Protection and Repatriation Act (1990) requires that certain types of artifacts found on federal or tribal land be returned to the tribe who owns it. The act also provides grants for tribes to repatriate remains and artifacts, as well as create inventories of such items. Overall, the legal protections offered to Native Americans by the US government are extensive and guarantee their rights and freedoms. Though tribally-owned and maintained lands are subject to different laws in each state, Native Americans are afforded the same legal protection as any other US citizen.

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