In reference to these provisions of exception of NAFTA, professor Valerie J. Phillips correctly stated, “All three nation-states remembered indigenous peoples, but only long enough to put them in their place. All of these exemptions simply continue the ongoing nation-state subordination and marginalization of indigenous peoples.”
Focusing in on the US context of the issues, Anthony Bothwell, remarks that the European taking of America involved “the most extensive land fraud and the largest holocaust in world history”. He argues persuasively that, within the United States, the Supreme Court distorted international “laws” or doctrines regarding conquest and discovery to “rationalize white supremacist usurpation of Indian nation sovereignty, even while conceding that the great injustice may have violated international law principles”. Bothwell goes even further than the mere analysis of then-existing international laws to assert that the taking of America violated binding treaties, the law of nations as recognized in the U.S. Constitution, as well as the Supremacy, Commerce, Takings, Contracts, and Fifth Amendment Due Process Clauses of the U.S. Constitution.