Arts and Humanities Commons^™

Civil Liberties Constraints On Tribal Sovereignty After The Indian Civil Rights Act Of 1968, Robert Berry

Librarian Publications

The Indian Civil Rights Act of 1968 provided a legislative answer to the question of whether, and to what extent, fundamental civil liberties recognized in constitutional law should constrain federally recognized Indian Tribes in the exercise of their sovereign powers. In enacting this law, Congress weighed its desire to protect individuals from arbitrary and overly intrusive tribal actions against the tribes' interest in retaining their legal capacity to act as self-governing entities. Congress struck the balance between these two competing interests by drafting a bill of rights that reflected the particular circumstances of the tribes. The possibility of an appeal …