Comment by rayiner

The distinction between settlers and immigrants is extremely salient from a sociological standpoint.

In the U.S., we have a right to a jury trial. To decide whether a jury trial right exists in a particular case, we look to whether that case would have been tried to a jury in 1791 in a particular country. Which country is that? The people from that country were the settlers.

If you look at American legal theory and elide people’s names, you might not realize there was anyone here besides British people. There’s more influence in our legal system from ancient Rome than modern Italy.