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Indian Civil Rights Act Facts & Worksheets

In 1968, US President Lyndon B. Johnson signed the Indian Civil Rights Act of 1968 into law. It was enacted to address civil rights issues affecting Native Americans and provide them legal protections similar to those enjoyed by other US citizens.

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During the riots after the assassination of Martin Luther King, Jr., a prominent leader in the Civil Rights Movement, United States (U.S.) President Lyndon B. Johnson signed the Indian Civil Rights Act of 1968 into law. The Indian Civil Rights Act, which applies to Indigenous people in the U.S. and provides many but not all of the American rights, is made up of Titles II through VII. 

See the fact file below for more information about the Indian Civil Rights Act, or you can download our 28-page Indian Civil Rights Act worksheet pack to utilize within the classroom or home environment.

Key Facts & Information

HISTORICAL BACKGROUND

  • The Emancipation Proclamation, signed by President Abraham Lincoln in 1863, said that “all persons held as slaves…shall then, thenceforward, and forever free…” This marked the beginning of the movement towards equality for African Americans in the U.S.
  • All individuals born in the U.S. are considered legal citizens, according to the Civil Rights Act of 1866. They may lease, hold, sell, and purchase real estate. Former enslaved were the intended beneficiaries, and anyone who refused to give them the new rights was guilty of violating the law and subject to punishment.
  • One year in prison or a maximum fine of $1000 was the punishment for violating the law. The 1866 statute did not include any tools for enforcing the rules.
  • A few civil rights laws were passed because of the Civil Rights Movement (1954–1968), which got underway after the Brown v. Board of Education decision, a momentous event in countering racial segregation in education.
  • The U.S. Commission on Civil Rights and the U.S. Department of Justice Civil Rights Division were established by the Civil Rights Act of 1957. The Civil Rights Act of 1960 established federal regulations for local registration polls, and anyone found to be interfering with another person’s ability to vote faced harsh penalties.
  • Additionally, it gave the Civil Rights Commission more authority to regulate voting and registration procedures. 
  • Discrimination on the grounds of race, color, religion, sex, and national origin was outlawed by the Civil Rights Act of 1964.
  • Racial segregation, job discrimination, and unequal application of voter registration rules were all forbidden. Similar to the Civil Rights Act of 1964, the Voting Rights Act of 1965 forbade racial discrimination in elections. 
  • Later, the Civil Rights Act of 1964 was broadened to assist in defending racial minorities’ ability to vote across the nation.
  • Another impetus for the law’s passage was the 1966 Chicago Open Housing Movement, which was led by Martin Luther King Jr., James Bevel, and Al Raby. The National Association for the Advancement of Coloured People (NAACP) and the Congress of Racial Equality (CORE) supported the 1963 Rumford Fair Housing Act in California, which was equally noteworthy.

LEGISLATIVE HISTORY

  • A new civil rights law was offered by President Johnson in 1966, but the U.S. Senate did not approve it. Rep. Manny Celler and Sen. Philip A. Hart proposed the legislation on February 17, 1967, in the House and Senate, respectively. 
  • Both House Resolution (HR) 10805, which would have given the Civil Rights Commission an additional five years of life, and HR 2516, a civil rights law, were approved by the House Judiciary Committee. 
  • In order to increase protections for civil rights workers, HR 2516 and HR 10805 were combined and approved by House Judiciary Subcommittee No. 5 on June 22, 1967.
  • President Lyndon B. Johnson signed Senate Bill 2516 on April 11, 1968, which had been approved by the 90th United States Congress.

TITLES

Title I — Interference with federally protected activities

Title II — Rights of Indigenous peoples

Title III — Model code governing courts of Indigenous people offenses

Title IV — Jurisdiction over criminal and civil actions

Title V — Offenses within Indigenous people’s country

Title VI — Employment of legal counsel

Title VII — materials relating to constitutional rights of Indigenous peoples

Title VIII — fair housing

Title IX — prevention of intimidation in fair housing cases

Title X — civil obedience

CASE LAW

  • The NAACP Legal Defence and Educational Fund successfully challenged an urban renewal plan in Trouillon v. City of Hawthorne in the early 1990s on the grounds of racial discrimination by filing a lawsuit under the Fair Housing Act. Prior legal disputes arising under the Act had mostly dealt with housing discrimination when people were renting or buying homes.
  • The judge disagreed with the claims of discrimination even though he decided in the plaintiffs’ favour. He claimed that the lack of the city to establish that the region had a greater crime rate and lower property values than other areas of the city was a factor in his decision.
  • The Anti-Riot Act of Title I had only occasionally been applied; it was most notably used to prosecute the Chicago Seven, but it had yet to be subject to rigorous legal review.  
  • The Anti-Riot Act was applied to punish rally organizers in the late 2010s due to rising concerns over the actions of the far right, white nationalists, and White supremacists, including the Unite the Right demonstration in 2017. 
  • In contrast, a federal district court in California ruled in June 2019 that the Anti-Riot Act was unconstitutional because it was “overbroad in violation of the First Amendment” and was being used against Rise Above Movement participants who had participated in both the Unite the Right rally and other protests in California.

Indian Civil Rights Act Worksheets

This fantastic bundle includes everything you need to know about the Indian Civil Rights Act across 28 in-depth pages. These ready-to-use worksheets are perfect for teaching kids about the Indian Civil Rights Act. The Indian Civil Rights Act, which applies to Indigenous people in the U.S. and provides many but not all of the American rights, is made up of Titles II through VII. 

Complete List of Included Worksheets

Below is a list of all the worksheets included in this document.

  1. Indian Civil Rights Act Facts
  2. Concept Making
  3. Vocabulary
  4. Let’s Achieve It!
  5. Looking Back
  6. Make a Change
  7. Short Essay
  8. Source Analysis
  9. Data Analysis
  10. What is the Gap?
  11. Reflection Time

Frequently Asked Questions

What is the Indian Civil Rights Act?

The Indian Civil Rights Act (ICRA) is a federal law enacted in 1968. It extends certain constitutional protections to members of Native American tribes and their guests, ensuring that they have certain civil rights while on tribal lands.

What rights are protected by the Indian Civil Rights Act?

The ICRA protects a range of civil rights, including the right to free speech, freedom of the press, freedom of religion, protection against self-incrimination, and protection against double jeopardy. It also guarantees the right to due process, the right to a fair trial, and protection from cruel and unusual punishment.

Are all tribes subject to the Indian Civil Rights Act?

The ICRA applies to most, but not all, federally recognized tribes. Some tribes have chosen to opt out of the ICRA’s provisions or have established their own tribal codes and legal systems that incorporate similar protections. It is important to check the specific tribal laws and regulations for each tribe, as they can vary.

How does the Indian Civil Rights Act affect tribal law enforcement?

The ICRA imposes limitations on tribal law enforcement, requiring due process and protecting against abuses of authority. It also ensures that individuals detained by tribal law enforcement have certain rights, such as the right to an attorney and protection against self-incrimination.

Can the Indian Civil Rights Act be enforced in federal courts?

While the ICRA primarily operates within the tribal justice system, individuals who believe their ICRA rights have been violated may file a civil rights lawsuit in federal court. This allows for federal judicial review and enforcement of ICRA protections when necessary.

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Use With Any Curriculum

These worksheets have been specifically designed for use with any international curriculum. You can use these worksheets as-is, or edit them using Google Slides to make them more specific to your own student ability levels and curriculum standards.

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