I. A Thought Experiment: Taking the Words Seriously

Imagine taking the founding slogans of the United States at face value.

Government derives its just powers from the consent of the governed.   No taxation without representation.   Treaties are the supreme law of the land.

Now imagine applying those same rules not only to the former British colonies along the Atlantic coast, but also to the Native nations who already lived across the rest of the continent. What would that have required? What would it have made impossible?

For most Americans, the answer was never really explored. In school, the story tends to come in two tracks. On one track, we follow the high-minded drama of the founding: declarations, constitutions, debates over federalism and rights. On the other track, out at the edge of the map, we get the adventure story of “the frontier”: settlers, wagon trains, homesteads, the march westward. Native peoples tend to enter the picture as background—sometimes as noble allies, sometimes as dangerous foes, often as temporary figures who fade away once the town is built and the railroad arrives.

What almost never gets spelled out is that these two tracks are not separate stories. They are the same story seen from different angles. The question is whether the principles in the first track ever had a real chance of constraining what happened in the second. If they didn’t, then we have to ask a harder question: did the United States quietly decide, very early on, that its founding rules did not fully apply when Native nations were involved?

I. Introduction — The Broken Mobility Bargain

Take a thirty-year-old juggling a patchwork life in a big metro. She drives for two apps in the morning, stocks shelves on a short-term contract at night, and splits rent with roommates because buying into the housing market feels like science fiction. When her hours get cut or an algorithm changes, there is no buffer beyond a maxed-out credit card and a savings account that never quite fills. She is not lazy, not reckless, and not alone. Her story is what the old American promise sounds like when it starts to fray.

For most of American history, the country’s favorite promise has been simple: work hard, play by the rules, and you can move up. The details changed by era and region, but the core bargain felt stable enough that millions of people were willing to bet their lives on it. Today, that promise feels less like a rule and more like a rumor. Wealth and power have consolidated at the top; housing, health care, and education eat up a growing share of paychecks; and what used to look like a climb now feels, for many, like running in place.

You can see it most clearly in the lives built on the edges of the old structure. Gig workers who knit together three apps to make rent. Young renters who cannot imagine owning a home in the places where opportunity clusters. Immigrants who do everything right—study, work, pay taxes—only to discover that their credentials vanish in a maze of licensing boards and opaque requirements. For them, the path upward no longer looks like a clear route. It looks more like a maze with locked gates and missing exits. The result is not just hardship, but a spreading sense that the game itself has quietly changed—that it is not only hard, but rigged.