Print
Subscribe
Editorial: Unconstitutional Native Hawaiian bill
Thursday, June 1, 2006
"Hawaiian Sen. Daniel Akaka's seven-year project, the "Native Hawaiian Governmental Reorganization Act" often called simply the Akaka bill, has been labeled many things -- from manifest destiny in reverse to unhinged multiculturalism -- but what it really is is an attempt to legalize and codify what the Supreme Court ruled unconstitutional in 2000: a race-based government.
The case of Rice v. Cayetano, which came to the Supreme Court from the 9th Circuit Court of
Appeals, challenged the policy established by the Office of Hawaiian Affairs of allowing only native Hawaiians to vote for its trustees. In a 7-2 decision, the Supreme Court decided that the "Hawaiian only" policy violated the 15th Amendment, overturning the 9th Circuit decision and striking down the voting restriction. Mr. Akaka's legislation would bestow autonomy on native Hawaiians similar to that of American Indians or Native Alaskans -- a precedent of sovereignty that the Supreme Court has recognized.
In his push to get the legislation back on the Senate's agenda, Mr. Akaka asserted that, "those who characterize this bill as race-based fail to understand the federal policies towards indigenous peoples." The language of the bill, however, defines "Native Hawaiians" in terms of lineage, but does not include a host of other factors that are generally used to characterize American Indians. As the bill does not include as a prerequisite the participation in a specific community, a native Hawaiian governing entity could include the 240,000 native Hawaiians living in Hawaii or all of the 400,000 native Hawaiians living across the United States -- the latter making it the more populous than the largest Indian tribe."
Get the Story:
Editorial: Island separatist
(The Washington Times 6/1)
Civil Rights Commission Report:
The
Native Hawaiian Government Reorganization Act of 2005 (May 2006)
Civil Rights Commission Transcript:
January
20, 2006 Meeting
Native Hawaiian Recognition Bill:
Native
Hawaiian Government Reorganization Act of 2005 (S.147)
Rice v. Cayetano Resources:
Abstract, Audio
and More
Rice v. Cayetano Election Rights Decision:
Syllabus |
Opinion
|
Concurrence
Dissent
(Stevens) |
Dissent
(Ginsburg)
Senate Republican Policy Paper:
Why Congress
Must Reject Race-Based Government for Native Hawaiians (June 2005)
Relevant Links:
US Commission on Civil Rights -
http://www.usccr.govNative
Hawaiian Sovereignty Site -
http://www.hawaii-nation.org
Native Hawaiian Federal Recognition Site -
http://www.nativehawaiians.com
Related Stories:
Opinion: GOP traitors on Hawaiian recognition
(5/31)
Sen. McCain voted
against Hawaiian apology (5/29)
Editorial: Oppose Native Hawaiian recognition
(5/24)
Hawaii governor lobbies for
Native recognition (5/18)
Native
Hawaiian recognition bill heads for debate (5/17)
Appeals court to rehear Native Hawaiian school
case (02/23)
Miers cited Native Hawaiian
work before withdrawing (10/28)
Bush
questions legality of Native Hawaiian bill (09/28)
Opinion: 'Racist' Hawaiian recognition bill
(9/22)
Roberts mentions Indian law work
on final day (9/19)
Hawaii governor
lobbies Senate on Hawaiian recognition (9/8)
Native Hawaiian work an issue for Roberts
(9/7)
Linda Chavez: GOP panders on Native
Hawaiian bill (9/1)
Native Hawaiian bill
set for debate in Senate (8/29)
Opinion:
GOP policy rejects Native Hawaiians (08/26)
Amendments in the works for Native Hawaiian bill
(8/25)
Slade Gorton: Don't recognize
Native Hawaiians (08/19)
Letter: Native
Hawaiians are indigenous too (08/08)
Editorial: Native Hawaiians never had a government
(8/4)
Appeals court blocks Native
Hawaiian school policy (08/03)
Editorial: Native Hawaiian bill is un-American
(07/21)
Debate on Native Hawaiian bill
delayed in Senate (7/20)
Bush names John
G. Roberts to U.S. Supreme Court (07/20)
House, Senate hearings on housing, land dispute
(7/18)
Native Hawaiian bill set for vote
on Senate floor (7/18)
Opinion: Native
Hawaiian bill sets bad precedent (7/18)
Commentary: Bill creates 'race-based'
government (07/07)
Novak: Native
Hawaiian bill creates new 'Indians' (7/5)
Column: Bill creates 'tribe' of Native Hawaiians
(6/23)
High court won't take on Native
Hawaiian recognition (06/14)
Panel
approves Native Hawaiian, NAGPRA changes (03/10)
Native Hawaiian recognition bill gets another
shot (02/22)
Native Hawaiian recognition
bill introduced again (01/27)
McCain
won't block Hawaiian recognition bill (01/14)
McCain opposes Native Hawaiian recognition bill
(1/6)
Appeals court leaves Hawaiian
recognition to Congress (11/02)
Bush
investigating Native Hawaiian scholarships (03/17)
Hawaii senators consider deal on recognition
bill (2/25)
Norton continues to
question Native Hawaiian bill (2/23)
Native Hawaiian programs survive big court
test (01/16)
Norton worried about
'pitfalls' for Native Hawaiians (01/13)
Alaska-Hawaii ties stir controversy among
Natives (12/01)
Judge strikes down
one Native Hawaiian lawsuit (11/21)
Lawsuits challenging Native Hawaiians benefits
resume (11/12)
Legal threats
galvanize Native Hawaiian community (09/15)
Native Hawaiians in limbo as courts open up
programs (09/04)
Native Hawaiian
recognition stalled in Congress (09/01)
Judge to rule in Native Hawaiian school
case (08/20)
Native
Hawaiians fight for federal recognition (07/21)
Student denied entry into Hawaiian
school sues (06/30)
DOJ
objected to Native Hawaiian legislation (06/06)
Native Hawaiians denied party
status in suit (04/01)
Native Hawaiian office established in
D.C. (02/27)
Opinion:
Oppose Native Hawaiian bill (2/21)
Court affirms Native Hawaiian ruling
(01/06)
Native Hawaiians press
sovereignty (10/14)
U.S.
dismissed from Native Hawaiian case (09/04)
Inouye: Native Hawaiian bill won't
pass (8/8)
Native
Hawaiian bill supported (7/16)
Native Hawaiians intervene in lawsuit
(7/12)
Judge won't halt
Hawaiian funding (3/14)
Native Hawaiian trust challenged
(3/6)
Native Hawaiian bill on
Senate agenda (7/20)
Federal
judge blocks Army training (7/19)
Native Hawaiian lawsuit dismissed
(7/13)
Shift in Senate means
changes for Indian Country (5/25)
Senate confirms Olson as Solicitor
General (5/25)
Native Hawaiian
lands threatened (5/24)
A first
for Native Hawaiians (4/5)
Indian Law and the Supreme Court
(12/11)
OHA survives elections
(11/14)
Final Hawaiian report
released (10/24)
Native
Hawaiian bill passes House (9/27)
Hawaiian affairs still controversial
(9/13)
US recommends Hawaiian
sovereignty (8/24)
Non-Natives
win battle in suit (8/17)
Where
are the Dems on tribes? (8/16)
March raises sovereignty awareness
(8/14)
The GOP 2000 Platform on
Native Americans (8/1)
Group
challenges Hawaii (7/7)
Hawaiians
march for sovereignty (7/5)
Copyright © 2000-2006 Indianz.Com
