#treaties-and-law

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?