'A wolf in sheep’s clothing': settler voting rights and the elimination of the Indigenous demos in US Pacific territories

Abstract

Settler colonialism eliminates Indigenous sovereignty, enthrones itself, and thereby makes Indigenous land ‘ours’. It may do this meta-politically, by absorbing ‘them’ into ‘us’. This article explores three recent lawsuits brought by settlers against Indigenous demoi in US Pacific territories. I show that in each lawsuit, settlers brandished a novel ‘tool of elimination’: individual voting rights. I trace how settlers wielded this tool to deliver a ‘one-two punch’, first condemning as ‘illiberal’ restrictive voting laws flowing from Indigenous sovereignty and then championing race-neutral laws that would in effect enthrone settlers. I show that courts hearing these cases were faced with choosing the appropriate ‘framing of justice’ – with whether the relevant rights-bearer was the universal individual voter or the ‘constitutionally prior’ Indigenous demos. Finally, I show that, because the courts ultimately framed these disputes as individual-rights cases, settlers extended control of meta-politics on the US Pacific frontier.