This abomination of a bill is back and will be voted on in the House today where it is expected to pass. I have blogged previously about this bill each time that the Democrats have brought it up, here and here. Here is my description of the bill from 2005.
The bill, the Native Native Hawaiian Government Reorganization Act of 2005, commonly referred to as the Akaka Bill after its chief sponsor, Senator Daniel Akaka of Hawaii. What the bill aims to do is to establish a Native Hawaiian Governing Entity that only Native Hawaiians could vote for. A commission would be established to determine who qualifies as a Native Hawaiian. They would have to prove that they have a direct lineal descent from those "aboriginal, indigenous, native people" who were either on the islands in 1893 or in 1921 when Congress passed another law establishing special programs for native Hawaiians. So, they will create a special list of voters for which people would have to submit marriage and birth certificates to prove their ancestry. Is this really what America is about, adding qualifications for voting in an election that depend on proving whom your grandmother married or where your great-grandfather was born? And with high intermarriage rates, are we now going to adopt a one-drop qualification to prove that you are indeed a Native Hawaiian? Doesn't this violate the Fifteenth Amendment's provisions against race-based voting qualifications?
Once this new Governing Entity would be established, it is not clear what its responsibilities would be. To counteract suspicions that the main purpose was to establish gambling permission for a newly identified Native Hawaiian tribe, the bill forbids that. However, the real purpose is to govern the lands of the islands that native Hawaiians would like to claim.
Remember that these are incredibly valuable pieces of real estate that this new Hawaiian entity would be able to claim for the sole benefit for a racial group that they have yet to figure out who is a member and who isn't. It is highly questionable if this law would be constitutional since the Supreme Court in Rice v. Cayetano in 2000 struck down attempts to set up government entities in Hawaii that only certain racially approved citizens could vote for.
When this was up for a vote in 2005, John McCain committed to vote for it.
Akaka's bill picked up additional Republican support yesterday with Sen. John McCain, R-Ariz., saying he will vote for it on the floor.
McCain, who had raised questions about the bill in the past, said he will vote for the bill primarily because it has the support of so many Hawai'i officials, including Republican Gov. Linda Lingle.
"Here in Washington, it's hard for us to go against the view of the governor, the Legislature — Republican and Democrat — the senators and the congressmen," said McCain, chairman of the Senate Indian Affairs Committee.
I wonder if, in the midst of a campaign where McCain has to reaffirm his conservative credentials if he'd still support it.
President Bush has committed to vetoing this bill if it should ever get out of Congress. This is another reminder of why, no matter how you might not like the eventual Republican nominee, that a Democratic president coupled with a Democratic Congress could be passing all sorts of bills that conservatives would be appalled by.
Unless, of course, McCain is the nominee and maintains his support for the bill.
This abomination of a bill is back and will be voted on in the House today where it is expected to pass. I have blogged previously about this bill each time that the Democrats have brought it up, here and here. Here is my description of the bill from 2005.
The bill, the Native Native Hawaiian Government Reorganization Act of 2005, commonly referred to as the Akaka Bill after its chief sponsor, Senator Daniel Akaka of Hawaii. What the bill aims to do is to establish a Native Hawaiian Governing Entity that only Native Hawaiians could vote for. A commission would be established to determine who qualifies as a Native Hawaiian. They would have to prove that they have a direct lineal descent from those "aboriginal, indigenous, native people" who were either on the islands in 1893 or in 1921 when Congress passed another law establishing special programs for native Hawaiians. So, they will create a special list of voters for which people would have to submit marriage and birth certificates to prove their ancestry. Is this really what America is about, adding qualifications for voting in an election that depend on proving whom your grandmother married or where your great-grandfather was born? And with high intermarriage rates, are we now going to adopt a one-drop qualification to prove that you are indeed a Native Hawaiian? Doesn't this violate the Fifteenth Amendment's provisions against race-based voting qualifications?
Once this new Governing Entity would be established, it is not clear what its responsibilities would be. To counteract suspicions that the main purpose was to establish gambling permission for a newly identified Native Hawaiian tribe, the bill forbids that. However, the real purpose is to govern the lands of the islands that native Hawaiians would like to claim.
Remember that these are incredibly valuable pieces of real estate that this new Hawaiian entity would be able to claim for the sole benefit for a racial group that they have yet to figure out who is a member and who isn't. It is highly questionable if this law would be constitutional since the Supreme Court in Rice v. Cayetano in 2000 struck down attempts to set up government entities in Hawaii that only certain racially approved citizens could vote for.
When this was up for a vote in 2005, John McCain committed to vote for it.
Akaka's bill picked up additional Republican support yesterday with Sen. John McCain, R-Ariz., saying he will vote for it on the floor.
McCain, who had raised questions about the bill in the past, said he will vote for the bill primarily because it has the support of so many Hawai'i officials, including Republican Gov. Linda Lingle.
"Here in Washington, it's hard for us to go against the view of the governor, the Legislature — Republican and Democrat — the senators and the congressmen," said McCain, chairman of the Senate Indian Affairs Committee.
I wonder if, in the midst of a campaign where McCain has to reaffirm his conservative credentials if he'd still support it.
President Bush has committed to vetoing this bill if it should ever get out of Congress. This is another reminder of why, no matter how you might not like the eventual Republican nominee, that a Democratic president coupled with a Democratic Congress could be passing all sorts of bills that conservatives would be appalled by.
Unless, of course, McCain is the nominee and maintains his support for the bill.