
Contents
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A Government of the People A Government of the People
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Locating Sovereignty in the People Locating Sovereignty in the People
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The Unacknowledged Influence of Indigenous Models The Unacknowledged Influence of Indigenous Models
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Compromising Competing Interests Compromising Competing Interests
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“A Government of Laws” “A Government of Laws”
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The Rule of Law The Rule of Law
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The Centrality of International Law The Centrality of International Law
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American Indian and Land Rights: Myth Becomes Law American Indian and Land Rights: Myth Becomes Law
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Early Acknowledgment of Native Sovereignty Early Acknowledgment of Native Sovereignty
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The Portrayal of American Indians as “Savage” The Portrayal of American Indians as “Savage”
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Conforming Law to Conquest Conforming Law to Conquest
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Defining “The People”: Slavery and Race Defining “The People”: Slavery and Race
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The Racial Discourse of Early European Colonization The Racial Discourse of Early European Colonization
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Slavery and the Construction of Race in Colonial America Slavery and the Construction of Race in Colonial America
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Slavery and the Constitution Slavery and the Constitution
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“We the People”: Emergence of an American Identity “We the People”: Emergence of an American Identity
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4 Establishing the Republic: First Principles and American Identity
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Published:March 2010
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Abstract
This chapter examines how the contradiction between democratic ideals and perceived colonial needs was reconciled within the framework of the U.S. Constitution and laws, largely by portraying Indigenous peoples as “savages”. It begins with an overview of the foundational principles and values that justified the establishment of the United States and formed the basis for its claims not only to its territory but also to an exceptional identity and status. It then considers the new republic's justifications for continued appropriation of American Indian territories and goes on to discuss the question of slavery and its impact on determining the beneficiaries of American liberty and equality—in other words, who was an “American.” It also explores the founders' attempts to demonstrate the legitimacy of the new republic under international law. Finally, it explains the construction of racialized identities that excluded American Indians and Africans from the American polity.
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