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Comments from an AP history
and government teacher in Raleigh, NC.
e-mail betsynewmark AT gmail.com
Commissions earned from selling items through Amazon will go towards buying materials for my classes. Thank you.
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Friday, September 02, 2005
It saddens me to think that we should be at this point in our politics. I'm talking about the proposed Native Hawaiian Government Reorganization Act of 2005 which is commonly referred to as the Akaka bill after its chief sponsor, Senator Daniel Akaka. The Senate is set to debate and vote on the bill this upcoming week.
What the bill would do is recognize native Hawaiians as a tribe similar to American Indians or Alaskan natives. You might wonder why we need to do this. Why did they suddenly become a tribe 112 years after the islands were annexed? Why pass this now? Well, the real reason is because there are lots of benefits in Hawaii that are set aside for ethnic Hawaiians: home and business loans, special schools, and housing programs. These benefits have been administered by the Office of Hawaiian Affairs. When the OHA was set up in 1978, only native Hawaiians could vote for the administrators. Unfortunately for this vast spoils system, the Supreme Court ruled in 2000 in the case, Rice v. Cayetano that the eligibility requirements for voting for the OHA were unconstitutional. Oops, the 14th and 15th Amendments forbid denying people equal protection or voting rights based on race. And saying that non-Hawaiians can't vote for a public government agency's members is, well, unconstitutional. The lawyer for the state of Hawaii in this case was John Roberts. He tried to argue that the native Hawaiians were equivalent to American Indian tribes. The Court didn't buy his arguments and ruled against Hawaii in a 7:2 decision. Ginsburg and Stevens didn't think that keeping non-ethnic Hawaiians from voting violated the 15th Amendment. I've given up trying to understand their thinking in some cases. I just hope that this was one of those cases when Roberts was just a hired advocate and wasn't arguing what he truly believed.
And since that 2000 decision, there have been several lower court decisions that have gone against laws in Hawaii that discriminated against non-native Hawaiians. The 9th Circuit, not a hotbed of conservatism, has ruled against the state just this past month that the Kamehameha Schools, the richest private schools in the country were unconstitutionally discriminating against non-native Hawaiians.
Well, what were those in charge of all this system of political and economic spoils to do. It looks like they were going to lose every special classification that was put in place to benefit solely native Hawaiians. Well, they put their heads together and figured out how to dodge the Equal Protection Clause - decide that native Hawaiians are a tribe. If they're a tribe they get special political rights.
And here is what the Akaka bill would do. Once it was signed into law, a commission of nine native Hawaiians would be established. Their job would be to compile a roll of all eligible adult native Hawaiians. They would have to determine what exactly a native Hawaiian was. The proposed definition would be someone who is a direct descendant of the aboriginal people who resided in the islands of Hawaii before it was annexed in 1893. People would have to present genealogical records and birth certificates to prove their lineage. I wonder if those who freak out about having to show a photo ID in order to vote in Georgia like the idea of having to present proof of your ancestors' ethnic heritage in order to vote. Imagine the litigious mess that this could become. Once this list was compiled, they can hold elections and create what the bill so felicitously calls the "Native Hawaiian Governing Entity." That entity would be empowered then to negotiate with the local, state, and national governments for the transfer of lands, natural resources, and all other assets that they claim to the control of the Governing Entity which would decide how to exercise authority over those assets for the benefits for those on the roll.
Think of the diversity of Hawaii. The population is intermarried to a great degree. People live intermixed in non-segregated communities. We would have a situation where neighbors, perhaps even spouses, would live under different rules and governments simply because of their ethnic backgrounds.
When our country must try so hard to overcome racial divisions, this bill would put up more barriers. People would be divided up according to their birth certificates. Is this really what Senators want for America? Are they willing to answer the calls that will come from other groups with grievances? Can't you just imagine how some Hispanics in the Southwest will say that they were wronged by the Mexican American War and the Treaty of Guadalupe Hidalgo and so they should be declared a tribe and given control of the lands of the Mexican Cession? And how will they answer the new Hawaiian Governing Entity when they start agitating for Hawaiian independence from the United States. There are quite a few in Hawaii who are quite serious separatists. Even Senator Akaka acknowledged that his bill could lead to independence.Earlier this month, Akaka was asked in a National Public Radio interview whether the sovereign status granted in the bill "could eventually go further, perhaps even leading to outright independence." The question might have seemed extraordinary for anyone unfamiliar with how strong the push for Hawaiian independence has become. Back in the 1970s, its supporters were considered kooks and lunatics. But today, although by no means a majority, they are a political force to be reckoned with. It's hard to drive down a Hawaiian road without seeing an upside down Hawaiian flag, the symbol of the movement, flying over someone's home. Even more extraordinary was Akaka's answer: "That could be. That could be. As far as what's going to happen at the other end, I'm leaving it up to my grandchildren and great-grandchildren."Well, our Congressmen and President need to decide if they want to leave to their grandchildren and great-grandchildren a country of 50 or 49 states where people have separate legal and political privileges according to their ethnic backgrounds. Is that what they think preserving and defending the Constitution entails?
And this is a bipartisan travesty. The Democratic Senators from Hawaii and the Republican Governor have teamed up to convince as many as possible what a great idea this is. The Republican Senators from Alaska are on board, reportedly in exchange for Inouye's and Akaka's support for drilling in ANWR. John McCain is on board. Reportedly, the Justice Department and Bush are on board. The Senate is scheduled to debate the bill this upcoming week if the hurricane doesn't crowd it off the schedule. John Kyl of Arizona has been working hard to block the bill, but apparently he isn't getting the support he needs to keep it off the schedule. I just hope the leadership in the House can keep it from approval there. And I have no faith that Bush won't sign this mess or that the Supreme Court won't find it Constitutional. I remember when conservatives had faith that they would rule that the McCain-Feingold bill violated freedom of speech. Don't count on five justices on this one. Better to strangle this bill before it gets to that stage. Write your representatives now and let them know that you don't appreciate this sidestepping of the 14th and 15th Amendments.
I'm going to be talking about this issue on the Bruce Elliot show tomorrow at about 7:45 in the morning: 1090 on the AM dial, or you can listen on the Internet here by clicking on the Listen Live link.
0 comments
Comments:
It saddens me to think that we should be at this point in our politics. I'm talking about the proposed Native Hawaiian Government Reorganization Act of 2005 which is commonly referred to as the Akaka bill after its chief sponsor, Senator Daniel Akaka. The Senate is set to debate and vote on the bill this upcoming week.
What the bill would do is recognize native Hawaiians as a tribe similar to American Indians or Alaskan natives. You might wonder why we need to do this. Why did they suddenly become a tribe 112 years after the islands were annexed? Why pass this now? Well, the real reason is because there are lots of benefits in Hawaii that are set aside for ethnic Hawaiians: home and business loans, special schools, and housing programs. These benefits have been administered by the Office of Hawaiian Affairs. When the OHA was set up in 1978, only native Hawaiians could vote for the administrators. Unfortunately for this vast spoils system, the Supreme Court ruled in 2000 in the case, Rice v. Cayetano that the eligibility requirements for voting for the OHA were unconstitutional. Oops, the 14th and 15th Amendments forbid denying people equal protection or voting rights based on race. And saying that non-Hawaiians can't vote for a public government agency's members is, well, unconstitutional. The lawyer for the state of Hawaii in this case was John Roberts. He tried to argue that the native Hawaiians were equivalent to American Indian tribes. The Court didn't buy his arguments and ruled against Hawaii in a 7:2 decision. Ginsburg and Stevens didn't think that keeping non-ethnic Hawaiians from voting violated the 15th Amendment. I've given up trying to understand their thinking in some cases. I just hope that this was one of those cases when Roberts was just a hired advocate and wasn't arguing what he truly believed.
And since that 2000 decision, there have been several lower court decisions that have gone against laws in Hawaii that discriminated against non-native Hawaiians. The 9th Circuit, not a hotbed of conservatism, has ruled against the state just this past month that the Kamehameha Schools, the richest private schools in the country were unconstitutionally discriminating against non-native Hawaiians.
Well, what were those in charge of all this system of political and economic spoils to do. It looks like they were going to lose every special classification that was put in place to benefit solely native Hawaiians. Well, they put their heads together and figured out how to dodge the Equal Protection Clause - decide that native Hawaiians are a tribe. If they're a tribe they get special political rights.
And here is what the Akaka bill would do. Once it was signed into law, a commission of nine native Hawaiians would be established. Their job would be to compile a roll of all eligible adult native Hawaiians. They would have to determine what exactly a native Hawaiian was. The proposed definition would be someone who is a direct descendant of the aboriginal people who resided in the islands of Hawaii before it was annexed in 1893. People would have to present genealogical records and birth certificates to prove their lineage. I wonder if those who freak out about having to show a photo ID in order to vote in Georgia like the idea of having to present proof of your ancestors' ethnic heritage in order to vote. Imagine the litigious mess that this could become. Once this list was compiled, they can hold elections and create what the bill so felicitously calls the "Native Hawaiian Governing Entity." That entity would be empowered then to negotiate with the local, state, and national governments for the transfer of lands, natural resources, and all other assets that they claim to the control of the Governing Entity which would decide how to exercise authority over those assets for the benefits for those on the roll.
Think of the diversity of Hawaii. The population is intermarried to a great degree. People live intermixed in non-segregated communities. We would have a situation where neighbors, perhaps even spouses, would live under different rules and governments simply because of their ethnic backgrounds.
When our country must try so hard to overcome racial divisions, this bill would put up more barriers. People would be divided up according to their birth certificates. Is this really what Senators want for America? Are they willing to answer the calls that will come from other groups with grievances? Can't you just imagine how some Hispanics in the Southwest will say that they were wronged by the Mexican American War and the Treaty of Guadalupe Hidalgo and so they should be declared a tribe and given control of the lands of the Mexican Cession? And how will they answer the new Hawaiian Governing Entity when they start agitating for Hawaiian independence from the United States. There are quite a few in Hawaii who are quite serious separatists. Even Senator Akaka acknowledged that his bill could lead to independence.
And this is a bipartisan travesty. The Democratic Senators from Hawaii and the Republican Governor have teamed up to convince as many as possible what a great idea this is. The Republican Senators from Alaska are on board, reportedly in exchange for Inouye's and Akaka's support for drilling in ANWR. John McCain is on board. Reportedly, the Justice Department and Bush are on board. The Senate is scheduled to debate the bill this upcoming week if the hurricane doesn't crowd it off the schedule. John Kyl of Arizona has been working hard to block the bill, but apparently he isn't getting the support he needs to keep it off the schedule. I just hope the leadership in the House can keep it from approval there. And I have no faith that Bush won't sign this mess or that the Supreme Court won't find it Constitutional. I remember when conservatives had faith that they would rule that the McCain-Feingold bill violated freedom of speech. Don't count on five justices on this one. Better to strangle this bill before it gets to that stage. Write your representatives now and let them know that you don't appreciate this sidestepping of the 14th and 15th Amendments.
I'm going to be talking about this issue on the Bruce Elliot show tomorrow at about 7:45 in the morning: 1090 on the AM dial, or you can listen on the Internet here by clicking on the Listen Live link.
0 comments
It saddens me to think that we should be at this point in our politics. I'm talking about the proposed Native Hawaiian Government Reorganization Act of 2005 which is commonly referred to as the Akaka bill after its chief sponsor, Senator Daniel Akaka. The Senate is set to debate and vote on the bill this upcoming week.
What the bill would do is recognize native Hawaiians as a tribe similar to American Indians or Alaskan natives. You might wonder why we need to do this. Why did they suddenly become a tribe 112 years after the islands were annexed? Why pass this now? Well, the real reason is because there are lots of benefits in Hawaii that are set aside for ethnic Hawaiians: home and business loans, special schools, and housing programs. These benefits have been administered by the Office of Hawaiian Affairs. When the OHA was set up in 1978, only native Hawaiians could vote for the administrators. Unfortunately for this vast spoils system, the Supreme Court ruled in 2000 in the case, Rice v. Cayetano that the eligibility requirements for voting for the OHA were unconstitutional. Oops, the 14th and 15th Amendments forbid denying people equal protection or voting rights based on race. And saying that non-Hawaiians can't vote for a public government agency's members is, well, unconstitutional. The lawyer for the state of Hawaii in this case was John Roberts. He tried to argue that the native Hawaiians were equivalent to American Indian tribes. The Court didn't buy his arguments and ruled against Hawaii in a 7:2 decision. Ginsburg and Stevens didn't think that keeping non-ethnic Hawaiians from voting violated the 15th Amendment. I've given up trying to understand their thinking in some cases. I just hope that this was one of those cases when Roberts was just a hired advocate and wasn't arguing what he truly believed.
And since that 2000 decision, there have been several lower court decisions that have gone against laws in Hawaii that discriminated against non-native Hawaiians. The 9th Circuit, not a hotbed of conservatism, has ruled against the state just this past month that the Kamehameha Schools, the richest private schools in the country were unconstitutionally discriminating against non-native Hawaiians.
Well, what were those in charge of all this system of political and economic spoils to do. It looks like they were going to lose every special classification that was put in place to benefit solely native Hawaiians. Well, they put their heads together and figured out how to dodge the Equal Protection Clause - decide that native Hawaiians are a tribe. If they're a tribe they get special political rights.
And here is what the Akaka bill would do. Once it was signed into law, a commission of nine native Hawaiians would be established. Their job would be to compile a roll of all eligible adult native Hawaiians. They would have to determine what exactly a native Hawaiian was. The proposed definition would be someone who is a direct descendant of the aboriginal people who resided in the islands of Hawaii before it was annexed in 1893. People would have to present genealogical records and birth certificates to prove their lineage. I wonder if those who freak out about having to show a photo ID in order to vote in Georgia like the idea of having to present proof of your ancestors' ethnic heritage in order to vote. Imagine the litigious mess that this could become. Once this list was compiled, they can hold elections and create what the bill so felicitously calls the "Native Hawaiian Governing Entity." That entity would be empowered then to negotiate with the local, state, and national governments for the transfer of lands, natural resources, and all other assets that they claim to the control of the Governing Entity which would decide how to exercise authority over those assets for the benefits for those on the roll.
Think of the diversity of Hawaii. The population is intermarried to a great degree. People live intermixed in non-segregated communities. We would have a situation where neighbors, perhaps even spouses, would live under different rules and governments simply because of their ethnic backgrounds.
When our country must try so hard to overcome racial divisions, this bill would put up more barriers. People would be divided up according to their birth certificates. Is this really what Senators want for America? Are they willing to answer the calls that will come from other groups with grievances? Can't you just imagine how some Hispanics in the Southwest will say that they were wronged by the Mexican American War and the Treaty of Guadalupe Hidalgo and so they should be declared a tribe and given control of the lands of the Mexican Cession? And how will they answer the new Hawaiian Governing Entity when they start agitating for Hawaiian independence from the United States. There are quite a few in Hawaii who are quite serious separatists. Even Senator Akaka acknowledged that his bill could lead to independence.
Earlier this month, Akaka was asked in a National Public Radio interview whether the sovereign status granted in the bill "could eventually go further, perhaps even leading to outright independence." The question might have seemed extraordinary for anyone unfamiliar with how strong the push for Hawaiian independence has become. Back in the 1970s, its supporters were considered kooks and lunatics. But today, although by no means a majority, they are a political force to be reckoned with. It's hard to drive down a Hawaiian road without seeing an upside down Hawaiian flag, the symbol of the movement, flying over someone's home. Even more extraordinary was Akaka's answer: "That could be. That could be. As far as what's going to happen at the other end, I'm leaving it up to my grandchildren and great-grandchildren."Well, our Congressmen and President need to decide if they want to leave to their grandchildren and great-grandchildren a country of 50 or 49 states where people have separate legal and political privileges according to their ethnic backgrounds. Is that what they think preserving and defending the Constitution entails?
And this is a bipartisan travesty. The Democratic Senators from Hawaii and the Republican Governor have teamed up to convince as many as possible what a great idea this is. The Republican Senators from Alaska are on board, reportedly in exchange for Inouye's and Akaka's support for drilling in ANWR. John McCain is on board. Reportedly, the Justice Department and Bush are on board. The Senate is scheduled to debate the bill this upcoming week if the hurricane doesn't crowd it off the schedule. John Kyl of Arizona has been working hard to block the bill, but apparently he isn't getting the support he needs to keep it off the schedule. I just hope the leadership in the House can keep it from approval there. And I have no faith that Bush won't sign this mess or that the Supreme Court won't find it Constitutional. I remember when conservatives had faith that they would rule that the McCain-Feingold bill violated freedom of speech. Don't count on five justices on this one. Better to strangle this bill before it gets to that stage. Write your representatives now and let them know that you don't appreciate this sidestepping of the 14th and 15th Amendments.
I'm going to be talking about this issue on the Bruce Elliot show tomorrow at about 7:45 in the morning: 1090 on the AM dial, or you can listen on the Internet here by clicking on the Listen Live link.
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