Roberta Carol Harvey Livres

In 1823, Chief Justice John Marshall declared the "Doctrine of Discovery" as the supreme law in Johnson v. M'Intosh, asserting that the first European nation to "discover" unclaimed land could claim ownership. This principle set the stage for America's vision of a continental empire, viewing Indigenous peoples as mere obstacles to colonial expansion. Following Marshall's earlier 1810 opinion that states owned all land within their borders, southern states began selling Indigenous land, enacting legislation to incorporate it into their counties, and undermining Indigenous sovereignty. The federal government faced the risk of southern states seceding if their land acquisition efforts were impeded. By relegating Indigenous peoples to tenants on their own land, it became easier to violate treaties with these sovereign nations, enabling the acquisition of vast territories. This led to the devastating loss of Indigenous lives, land, and resources, alongside the imposition of harsh economic sanctions and destructive assimilation policies. Consequently, the United States expanded its empire at minimal or no cost, facilitated by Marshall's rulings in two troubling cases.

In 1998, Colorado lawmakers mandated the inclusion of American Indian history and culture in high school curricula, largely due to the efforts of Comanche State Senator Suzanne Williams. By 2003, the law expanded to require students to complete a civil government course that covers the history, culture, and contributions of Indians and other groups to graduate. Despite this, many students graduate without learning the mandated material. The U.S. Civil Rights Commission highlighted in 2018 that the absence of appropriate cultural awareness in school curricula can harm American Indian students, create a negative learning environment, lead to isolation, trigger bullying, and perpetuate negative stereotypes. In Colorado, alarming statistics reveal that 81% of American Indian students do not meet state math benchmarks, 85% fall short in science, and 70% in English language skills. The state's ongoing neglect of Indian students, by omitting their history and culture from education, undermines their rights and academic success. The arguments presented are grounded in a deep commitment to protecting Indian children and ensuring they see themselves reflected in their education.