What is the Indian Civil Rights Act?

The Indian Civil Rights Act (ICRA) is a landmark piece of federal legislation passed in 1968 that serves as the cornerstone of modern Native American law in the United States. The act was signed into law by President Lyndon Johnson on April 11, 1968 with the aim of protecting the civil rights of American Indians. The ICRA grants Native Americans many of the same rights that all other Americans are guaranteed under the Bill of Rights, such as freedom of speech, press, assembly, and worship. It also prevents tribal governments from imposing excessive fines or cruel and unusual punishments, and guarantees the right to an attorney when accused of a crime. The act also established a tribal court system with a separate tribal court of appeals, which requires that “tribal court proceedings must be consistent with due process and equal protection of the law.” In addition, the ICRA provides Indians with the right to bring cases to federal court if they believe their civil rights have been violated. In South Carolina, the ICRA has been instrumental in protecting the rights and interests of the state’s Native American tribes. The act provides a legal framework by which these tribes can address wrongdoings by both tribal and non-tribal entities, and provides a way for them to ensure that their rights and interests are protected.

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