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250 ever before, Indian needs are being identi fied from the Indian viewpoint—as they should be. This principle is the key to progress for Indians—just as it has been for other Americans . If we base our programs upon it, the day will come when the relationship between Indians and the Government will be one of full partnership—not dependency. . . . [Sections on education, health and medical care, jobs and economic development, community services, civil rights, off-reservation Indians, and Alaska Natives claims.] The First Americans The program I propose seeks to promote Indian development by improving health and education, encouraging long-term economic growth, and strengthening community institutions . Underlying this program is the assumption that the Federal government can best be a responsible partner in Indian progress by treating the Indian himself as a full citizen, responsible for the pace and direction of his development. But there can be no question that the government and the people of the United States have a responsibility to the Indians. In our efforts to meet that responsibility, we must pledge to respect fully the dignity and the uniqueness of the Indian citizen. That means partnership—not paternalism . We must affirm the right of the first Americans to remain Indians while exercising their rights as Americans. We must affirm their right to freedom of choice and self-determination. We must seek new ways to provide Federal assistance to Indians—with new emphasis on Indian self-help and with respect for Indian culture. And we must assure the Indian people that it is our desire and intention that the special relationship between the Indian and his government grow and flourish. For, the first among us must not be last. I urge the Congress to affirm this policy and to enact this program. [Public Papers of the Presidents of the United States: Lyndon B. Johnson, 1968–69, 1:336–37, 343–44.] 160. Civil Rights Act of 1968 April 11, 1968 Titles II–VII of the Civil Rights Act of 1968 dealt with Indian matters. Most significant was the application of the provisions of the Bill of Rights to Indians in their relations with the tribal governments, the authorization of a model code for courts of Indian offenses, and the requirement that Indian consent be given to assumption by states of jurisdiction over Indian country. An Act To prescribe penalties for certain acts of violence or intimidation, and for other purposes. TITLE II—RIGHTS OF INDIANS definitions Sec. 201. For purposes of this title, the term— (1) “Indian tribe” means any tribe, band, or other group of Indians subject to the jurisdiction of the United States and recognized as possessing powers of self-government; (2) “powers of self-government” means and includes all governmental powers possessed by an Indian tribe, executive, legislative , and judicial, and all offices, bodies, and tribunals by and through which they are executed , including courts of Indian offenses; and (3) “Indian court” means any Indian tribal court or court of Indian offense. indian rights Sec. 202. 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 251 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 six months or a...


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