§ 1302. — Constitutional rights.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1302]
TITLE 25--INDIANS
CHAPTER 15--CONSTITUTIONAL RIGHTS OF INDIANS
SUBCHAPTER I--GENERALLY
Sec. 1302. Constitutional rights
No Indian tribe in exercising powers of self-government shall--
(1) make or enforce any law prohibiting the free exercise of
religion, or abridging the freedom of speech, or of the press, or
the right of the people peaceably to assemble and to petition for a
redress of grievances;
(2) violate the right of the people to be secure in their
persons, houses, papers, and effects against unreasonable search and
seizures, nor issue warrants, but upon probable cause, supported by
oath or affirmation, and particularly describing the place to be
searched and the person or thing to be seized;
(3) subject any person for the same offense to be twice put in
jeopardy;
(4) compel any person in any criminal case to be a witness
against himself;
(5) take any private property for a public use without just
compensation;
(6) deny to any person in a criminal proceeding the right to a
speedy and public trial, to be informed of the nature and cause of
the accusation, to be confronted with the witnesses against him, to
have compulsory process for obtaining witnesses in his favor, and at
his own expense to have the assistance of counsel for his defense;
(7) require excessive bail, impose excessive fines, inflict
cruel and unusual punishments, and in no event impose for conviction
of any one offense any penalty or punishment greater than
imprisonment for a term of one year and \1\ a fine of $5,000, or
both;
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``or''.
---------------------------------------------------------------------------
(8) deny to any person within its jurisdiction the equal
protection of its laws or deprive any person of liberty or property
without due process of law;
(9) pass any bill of attainder or ex post facto law; or
(10) deny to any person accused of an offense punishable by
imprisonment the right, upon request, to a trial by jury of not less
than six persons.
(Pub. L. 90-284, title II, Sec. 202, Apr. 11, 1968, 82 Stat. 77; Pub. L.
99-570, title IV, Sec. 4217, Oct. 27, 1986, 100 Stat. 3207-146.)
Amendments
1986--Par. (7). Pub. L. 99-570, which directed that ``for a term of
one year and a fine of $5,000, or both'' be substituted for ``for a term
of six months and a fine of $500, or both'', was executed by making the
substitution for ``for a term of six months or a fine of $500, or both''
as the probable intent of Congress.
Purpose of 1986 Amendment
Section 4217 of Pub. L. 99-570 provided in part that amendment of
par. (7) of this section was to ``enhance the ability of tribal
governments to prevent and penalize the traffic of illegal narcotics on
Indian reservations''.
