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Special Report
Aloha Oy Vey!
A movement is afoot to set Hawaii aside.
Hawaii, the 50th state will become the 49.6th state if U. S.1011, a bill creating the Native Hawaiian Government Reorganization Act, passes the Senate. Sen. Daniel Akaka (D-HI) has introduced it in one form or another regularly since 2000. This time it was passed by the House, after its terms were negotiated behind closed doors, the preferred method of operation of Speaker Nancy Pelosi.
If the Akaka Bill passes, it would recognize and authorize the creation of a sovereign Native Hawaiian governing entity. In effect, it would be an Indian tribe. To be eligible to be part of this group, an individual would have to show proof of Hawaiian blood in his/her ancestry. Hawaiians are a distinct racial group, just as Indians are; however, Sen. Akaka and the other supporters of this bill do not want to run afoul of anti-discrimination laws as they grant special privileges to Native Hawaiians. Hence, the designation as a “tribe.” By law, Congress cannot discriminate in favor of one race over others.
Congress cannot create Indian tribes, it can only recognize ones that exist, provided they can prove their history. Furthermore, a large percentage of tribal members live on reservations, whereas Native Hawaiians are scattered throughout the Hawaiian Islands and some live on the mainland. Approximately 20 percent of Hawaii’s residents would become part of this “governing entity,” and it would have jurisdiction over members residing in other states. The bill would give them racially exclusive rights, thus discriminating against their fellow citizens of other races.
The constitutionality of this measure will almost certainly be called into question if it passes.
Over the years various statutes conferred federal benefits on Native Hawaiian people. A 2000 Supreme Court ruling (Rice vs. Cayetano) led many to believe that this ruling jeopardized these benefits because they amounted to racial set-asides.
Thus, in order to avoid the truth — that Native Hawaiians are a distinct racial group — Congress has tortured the facts by, in effect, re-creating them as a new Indian tribe.
The approximately 400,000 Hawaiians who could claim Native blood, would be living under an organization with its own laws and one not subject to state tax, zoning or environmental laws. Many complications will arise. Here is one: A local business is owned by a Native Hawaiian. In the next block is a similar one owned by a non-Native. The former has a competitive edge because of his exemption from state taxes and other laws. The latter is subject to all those, so he loses business because he can’t compete on price. Isn’t that racial discrimination?
Is this measure widely supported in Hawaii? Last year, the Zogby polling organization asked residents to tell them if they favored such a measure. Only 34 said “yes,” while 51 percent said “no.”
Is there something else behind this effort? Yes. It is a cherished dream of a small but vocal and active group that wants Hawaii to become an independent nation. Sen. Akaka tipped his hat, so to speak, to this group when he said to a National Public Radio reporter, “I’ve spoken to those in Hawaii who want to have Hawaii be independent and I’ve told them, hey, you can use the [new] governing entity to discuss it…and the governing entity will make a decision as to what happens to, uh, independence or returning to the monarchy.”
While that may have been a sop to mollify Akaka’s more hot-blooded supporters, the idea of breaking away from the United States is real. The State of Hawaii’s Office of Hawaiian Affairs until recently posted a document that highlighted the idea: “While the federal recognition bill authorizes the formation of a Native Hawaiian governing entity, the bill itself does not prescribe the form of government this entity will become. S344 [an earlier number on the legislation] creates the process for federal recognition. The Native Hawaiian people may exercise their right to self-determination by selecting another form of government, including free association or total independence.”
And there you have it. Aloha.
About the Author
Peter Hannaford was closely associated for a number of years with the late President Reagan, beginning in the California Governor’s office. His latest book is Presidential Retreats.
Letter to the Editor View all comments (79) | Leave a comment
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Melvin| 3.15.10 @ 7:53AM
After living for a time in Hawaii, the island itself is paradise, but living with the locals is a living hell, if you a non-native.
Native Hawaiians despite the smiling faces that they put on for tourists is not the same face with those that share the island with them on a non-tourist basis.
They are a rude inconsiderate race of people who constantly remind us, "Howlies" of how we dissolved the monarchy and stole the islands from them.
Not all parts of the island on Oahu is accessible, there are certain areas especially Waianae that a Howly just doesn't go into and expect to leave in the same shape as you come in.
Over half of the native population is lazy and on the public dole of some kind. They're excuse is that there isn't any jobs and or that there descendants of Hawaiian royalty and shouldn't have to work.
The native purists have tried and tried to get Hawaii to secede from the Union and re-install descendants of the Queen and return the Hawaiian islands to a natural state.
My personal opinion is that Sen. Daniel Akaka has kept submitting this island destroying legislation so that another Senator could say, "Hey, lookee what I did," and the native Hawaiian purists pit natives against the non-natives.
But then again so what is is new with that place, some people just aren't satisfied until they turn paradise into a island Hell.
loulou| 3.16.10 @ 12:20AM
Melvin, you're correct. I've lived in Hawaii as well. The locals are jealous of the high acheiving Asians and Caucasians. They have no work ethic. They'd be happier living in grass huts and living off the land. They are actually very primitive.
jade| 3.18.10 @ 12:40AM
I support Senator Akaka's efforts to provide Native Hawaiians a fair and just bill that stands to benefit the whole state.
It is frightful how many Americans have absolutely no understanding of America's history or the Constitution upon which it is founded. The NHGRA does something as American as apple pie, it recognizes that there was a self-governing people here before there was a United States, and honors their continuing right to self-determination. It takes our actual history into account, and takes responsibility for the United States' role in it. The essential deal our founding fathers made, folks, is that the original people of the lands that are now the United States get to be dual citizens--American citizens, and citizens of their own Native nations in perpetuity. The founding fathers got a home for a new nation, and we Natives got to be a part of that new nation while remaining distinct Native peoples.
Perhaps those of you who have had negative experiences in Hawaii never took the time to understand what Hawaii is about--and never offered its locals any respect in their own home lands. Your attitude is certainly clear from your commentary here, so its no surprise you weren't well-received in our islands. I'd be surprised if you were well-received in any community you currently reside in.
Hawaiians understand what Texans mean when they say "Don't Mess with Texas." Here in Hawaii, as in Texas or any other state in the Union, we have our own way of life, and we're not interested in becoming someplace else. Those visitors who come to Hawaii looking for our way of life are received warmly. Those looking to change our way of life are kindly welcomed to leave.
Proponents of this bill aren't trying to secede from the Union, we're trying to achieve a measure of justice for Native Hawaiians and a path for a better future for all of Hawaii. Sure, there's an independence movement in Hawaii--one filled with non-Hawaiians mostly from the mainland. They're disenfranchised for various reasons and looking for any way to make change. Though I can't agree with their present strategy for change, many of the racist and obnoxious comments here validate they way they feel and explain their efforts. What supporters of the NHGRA seek is a way beyond our troubling history for the whole state within the framework of American law.
If American history has taught us anything, it is that justice is important, and our past has a present day effect. I feel sorry for those of you who have lost sight of the important principles this nation was founded upon, because the American ideal is a good one if we can bring ourselves to honor it.
We deserve respect in our own homelands, and an ability to survive as a distinct people. No more, and no less. Thanks to Rezzdog for your factual contribution to the discussion. Ray, FYI, the Hawaii Admissions Act had a provision acknowledging the Native Hawaiian people and a continuing political relationship to them, so when the Congress passed the act, and the people of Hawaii voted to adopt it, they did so knowing Native Hawaiians are a distinct Native people with whom there is a political relationship, and a continuing responsibility towards. Loulou and Melvin, aloha 'oe.
basur | 10.27.10 @ 6:21AM
Sweet, so, if Hawaii breaks away, can we then say Obama is not a citizen and kick his ass out of the white house?
Pecos Pete| 3.15.10 @ 8:10AM
Maybe secession ain't all bad? Heck, with the current Congress and President, secession sounds like sanity to me.
Melvin| 3.15.10 @ 8:16AM
Secession has an appeal on the outside and I have even invoked it's name, but by doing so creates a whole new set of miseries.
The only utopia for humans was back in the stone age when all a man had to do was hunt, fish, and zug-zug.
Ken (Old Texican)| 3.15.10 @ 8:32AM
Well now.
We Texicans are an ungovernerable tribe as well.
Ya Ta HEI! pale-faces!
chuck| 3.15.10 @ 10:28AM
I lived in Texas from 1976-1985. The crash of the oil business in the early '90s forced me to leave, but if Texas was ever to reclaim its independence, I would find my way back.
Ken (Old Texican)| 3.15.10 @ 10:35AM
Chuck,
Hi. I hope you got a big Texas welcome when you got here.
Did you enjoy yourself here?
I ask that, because we are seeing some 50 thousand emmigrants from other states every single month.
chuck| 3.15.10 @ 4:23PM
Ken,
Enjoyed living there at the time. Most of my family still lives there, north of Houston. I'm in north Georgia now, the climate is much milder, and I really like it here, but if the Republic of Texas were to reemerge, I would come back(with my guns) in a heartbeat. Of course them damn yankees(a term given to anyone north of the Red River, for you non-Texicans) would try to force us back into the Union, again. Of course those gutless weinies wouldn't stand a chance this time.
Here's hoping to see the Republic again before I die!
Al Adab| 3.15.10 @ 5:32PM
Ken could be chief of the tejano tribe.
Heck it's worth a try.
St. Thor| 3.15.10 @ 8:57AM
Let the reactionaries have their separate nation. Just insist as we did to the five civilized tribes that it be somewhere other than the Hawaiian Islands.
Rezzdog| 3.15.10 @ 10:29AM
Painting the Native HI bill as raced based is misleading. Creating a Native governing entity is simply correcting the illegal actions of the settlers when the violently overthrew the Native government in the 1800 against direct Federal order not to do such a thing. This Bill is strictly political, not racial. Besides the Natives would have the right to determine its own citizenship, whats to say they will not choose to include friendly Anglo's?
Ray| 3.15.10 @ 12:07PM
The native Hawaiians VOTED for statehood, it wasn't imposed upon them. Now a small segment of the populations wants it's own form of government? Well, that's not going to happen as the Constitution dictates that each State will have a Republican form of government. This means that there can NOT be two different State governments, one for a small segment of the population and another one for everyone else.
Northern Rebel| 3.15.10 @ 12:01PM
Maybe white anglo-saxon protestants will get our own piece of land, someday.
Northern Rebel| 3.15.10 @ 12:16PM
But Seriously:
I live in northern NY, home of the Seneca nation, the Oneida nation, (we fondly call them the Onieda Mafia), and many other sovereign nations of native Americans.
They have their tax free land, and any land they purchase comes off the rolls, and the rest of us have our taxes raised.
They have their casino, and their convenience stores tax free, and we Americans prove what wonderful people we are, by making up for all the oppression we put upon them.
My only beef is, if they are a sovereign nation, why do they get to vote in American elections?
They pay no sales tax, they pay no property tax, and American citizens make up the difference. In addition, they are allowed to influence another nation's elections.
It should be one or the other:
Goodies, or voting rights.
Either you are an American, or you're not.
Instead they get all the party favors Taxpaying Americans don't get, and also get to vote to keep getting them!
That my friends, is truly UnAmerican!
UpChuck.Liberals| 3.15.10 @ 10:59PM
WTH are you doing applying logic to this?
I happen to like Hawaii, can the 'natives' have it back, sure no problem, just don't ask me for any US $. Same goes for the 'Native' Indians, want electricity, pay what we want to charge, see how long your casinos survive. Want to enter Indian Lands, better have a passport and pay a fee. Want to leave Indian lands with 'winnings' the IRS is waiting for you.
They want to be self-sufficient, fine and dandy. That can be arranged, won't be pretty for the first couple of years but I'm sure that the empty stomachs will convert them. $crew this diversity stuff. We have a bigger problem(s), our own Government and Islam.
Pingback| 3.15.10 @ 12:44PM
The American Spectator : Aloha Oy Vey! | Legal News - Your Source for Legal News and links to this page. Here’s an excerpt:
Jim Hlavac | 3.15.10 @ 2:11PM
Well, the natives can have it all back, I suppose, both in Hawaii and on the mainland. But we don't want to sully the experience with all the evil trappings of the white man, now do we? No, we do not. So, you new nation, you can't use the airports, ships, highways, car, sun glasses, reading glasses, books, radios, TVs, computers, pick ups, guns, etc etc. Go back to the glorious past before Euro-culture came along and deposited all the icky trappings of modernism. In fact, even money is not required. So just bring all that to your white neighbors and go get some papayas or whatever.
On the other hand, maybe Obama will be the new king of Hawaii, and deem the entire nation's wealth to be reparations to the newly resurrected kingdom, and finally we can get a health care something or other spoken into law, as ancient majesties did.
MTB| 3.15.10 @ 2:45PM
I lived in Hawaii for a very long time. I love the islands and I love the people. There are good and bad there just like anywhere. There are bad neighborhoods in LA, too, where one would not leave the same way as going in, but for the most part, with very few and rare exceptions, Hawaii is a generally safe place to be.
I understand the soverignty movement, but not being a Native Hawaiian, I will keep my opinions to myself. I will say this, obtaining soverignty is just the beginning.
Curtis Rasmussen| 3.15.10 @ 6:14PM
Atrocities and hardship have visited many races in the past. Now, should we punish certain people now for being born racially non-native?
The whole push to secede reeks like reparations, with people feeling more entitled than others because of events that occurred long before they were born.
Laura| 3.15.10 @ 7:43PM
Since the Obummer administration got in, racism has become the theme. Whites are racist if they disagree with the chosen one, but blacks can do anything they want; say anything they want that is detrimental to whites and are given a pass. Now we have Hawaiian's getting into the act. I have been around Hawaiian people and I find them to be lazy and shiftless. They blame everything on whites. That's all we need do is institute a bill giving them immunity from everything...nice way to start a race war. To be perfectly frank, I am sick of all of it. I never had a problem with race until I was discriminated against because I am a middle aged white woman. I had a very unpleasant experience with a young black manager and he put it in my face that I wouldn't be considered for the job because I wasn't in the particular class of people they were looking for to fill the job. How's that? I brought it to the attention of the State I live in and because he was black, that ended that. I have now filed a federal lawsuit. My feelings are, if people are getting along and it aint broke, don't fix it.
astonerii | 3.15.10 @ 8:26PM
Sweet, so, if Hawaii breaks away, can we then say Obama is not a citizen and kick his ass out of the white house?
UpChuck.Liberals| 3.15.10 @ 11:04PM
Assuming he is a citizen in the first place.
Now what can we do about the rest of them?
Pingback| 3.15.10 @ 8:57PM
The American Spectator : Aloha Oy Vey! links to this page. Here’s an excerpt:
Pingback| 3.15.10 @ 8:57PM
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kamana kapu| 3.15.10 @ 10:47PM
The hawaiians never ceded thier land to the united states. It was the white christian conservative republican criminals who overthrew our queen that ceded our land to the US. What we are seeking is RESTORATION! of our government, sovereignty, independence. and the return of our land. We are unlikely to gain restoration because there are conservative republicans in congress and the supreme court and as the republicans like to say: “We stole it fair and square and we ain’t giving it back no more!”. I personally would like to have this matter adjudicated in an unbiased forum such as the World Court or the UN.
UpChuck.Liberals| 3.15.10 @ 11:10PM
Yep, agree with you 100%, it's all yours. Tell you what, we'll take Oahu and you can have the rest. ( I will miss The Big Island though). Enjoy. Sadly way too many Hawaiians have been getting fat and lazy, they don't know how to grow Taro. Gonna be a bitch without oil from the mainland to fuel the power plants. Want the real downer bro? No mo Spam.
Aloha and a big Mahalo
Curtis| 3.15.10 @ 11:54PM
I say let Hawaii go. I've never seen an isolated island nation that wasn't 25% paradise, (For foreigners with tons of cash) and 75% hell. (For the locals who had to pay to have anything they couldn't make by hand shipped across the ocean.)
If the islander's think that their government doesn't care about them, they haven't seen nothing yet. An island has to operate on the principle of "For the tourist, by the tourist." because visitors are more important to the economy then locals. The governments sell out and screw over their own populations in an effort to draw tourists and foreign goods and service because they have to in order to function.
All them little surfer dudes and dudettes are going to be rounded off the beach and put into bellhop uniforms. I won't pay to visit a paradise where I have to carry my own luggage. Tax their little paychecks and keep that airport runway looking nice. I won't pay for a bumpy landing either. Sorry about that new hospital you ain't getting, but the Hilton wants a new swimming pool with floating bar, and I'm going to Puerto Rico if they don't get it. They're not going to pay for those upgrades themselves, when they can blackmail your government to provide some "Subsidies" to draw in the tourists.
Lucy| 3.16.10 @ 1:36AM
I live in New Zealand and our natives, the Maori are polynesian supposedly from Hawaiki (Hawaii).
They are lazy with a greedy entitment attititude and believe that white NZ owe them a living. They have different laws and we condone different (lower) expectations from them.
Can we send them back to Hawaii please? They would fit in so well and we would be happy to pay for their transport.
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Richard Baker| 3.16.10 @ 11:04AM
I lived in Hawaii for eight years and the endless whining and complaining by the welfare state "Hawaiians" is tiresome. Lazy, shiftless, and full of endless phony grievances. They are the East L.A. residents of the Islands. Akaka is full of beans. Cut off the welfare checks to these lazy fools and listen to them SCREAM.
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Davo| 3.18.10 @ 5:23PM
I've got no problem with the natives seceeding, or creating their own government. But if they do so, then Americans owe them nothing.
No handouts, or free defence.
Lets see how long it takes before they starve, or are economically or militarily taken over by China.
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แรน | 4.22.11 @ 12:42AM
An island has to operate on the principle of "For the tourist, by the tourist." because visitors are more important to the economy then locals. The governments sell out and screw over their own populations in an effort to draw tourists and foreign goods and service because they have to in order to function.
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