What are the legal rights of tribal members?

In South Carolina, tribal members have certain legal rights that are recognized by the state and federal government. These rights are rooted in historical treaties entered into by the state and tribes and are protected by the Indian Civil Rights Act of 1968 and the Indian Self-Determination and Education Assistance Act of 1975. One of the most important legal rights of tribal members is the right to self-governance. This means that Native American tribes have the right to create their own laws and regulations to govern their communities and to exercise sovereign jurisdiction. This includes the right to create laws that establish tribal membership, handle disputes, and settle land and water rights. Tribal members also have the right to own and control their own lands and natural resources. This includes access to forests, rivers, and shorelines, as well as the right to hunt and fish on tribal lands according to tribal regulations. In addition, tribal members have a right to religious freedom and the right to traditional ceremonies and practices. This right is protected by the First Amendment of the U.S. Constitution, the Free Exercise Clause of the Indian Civil Rights Act, and the Religious Freedom Restoration Act. Finally, tribal members have the right to economic self-sufficiency, which includes access to federal funds, grants, and other assistance programs. This right allows Native Americans to receive funding for education, health care, housing, and job training. Overall, South Carolina recognizes and respects the legal rights of its tribal members. These rights are protected by state and federal laws, and they help to ensure that Native Americans can lead full and independent lives within their own tribal communities.

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