In Talton v. Mayes (1895), the United States Supreme Court ruled that Native American tribal governments are not subject to the Constitution and its amendments, as they predate the U.S. government and function separately from it. The case arose when a member of Cherokee Nation, David Talton, was charged with murder by his tribe in Indian Territory (now Oklahoma). He argued that his rights under the Fifth Amendment were violated because he was indicted by only five grand jurors instead of nine as required by Cherokee law at that time. However, the court held that since tribes possess inherent sovereignty predating their incorporation into U.S., they aren't bound by federal constitutional protections unless specifically stated in treaties or congressional statutes. This decision established an important precedent for recognizing tribal self-governance within U.S legal framework.

In the Talton v. Mayes case, there was no recorded dissenting opinion. The Supreme Court unanimously ruled that the individual rights protections, which limit federal and state governments, do not apply to tribal government actions. This decision upheld a murder conviction by the Cherokee Nation's court system against one of its members without following Fifth Amendment procedures such as grand jury indictment.