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Erased On Paper
Who Was Left Out of “We the People” — And Why It Still Matters 250 Years Later
In 2026, the United States will mark 250 years since its founding — a milestone that invites celebration, reflection, and national pride. Across the country, banners will fly, reenactments will unfold, speeches will praise liberty and democracy, and the familiar words of the Constitution will once again be recited with reverence.
“We the People.”
But as America prepares to commemorate its birth, a harder question deserves equal attention: Who, exactly, was included in that promise — and who was quietly left out?
The founders’ language was bold and aspirational, yet the reality of early America was far narrower. Millions of people living within the nation’s borders — enslaved Africans, Indigenous nations, women, and countless marginalized communities — were excluded from political power, legal recognition, and full citizenship.
Their labor built the economy. Their land anchored expansion. Their lives shaped the nation’s trajectory. Yet their names, rights, and identities were often missing from official records.
History books tend to frame this exclusion as a moral failing that was eventually corrected through constitutional amendments and civil rights victories. That narrative is comforting. It suggests progress resolved the problem.
The truth is more complicated.
Much of America’s erasure did not occur through violence alone. It happened quietly — through paperwork. Through census classifications that distorted identity. Through land deeds that erased rightful ownership. Through court rulings that redefined lineage. Through recordkeeping systems that valued some names while ignoring others. Over generations, these administrative decisions reshaped families, severed histories, and altered legal standing in ways still affecting Americans today.
This is precisely the question explored — and answered — by authors C.B. Deane and Venita Benitez in their manuscript Erased on Paper: How American Law Rewrote Identity and Left Us Out of “We the People.” Through legal analysis, archival research, and personal discovery, their work reveals how identity itself was rewritten not only by culture, but by law.