Hawaiian Separatist Bill: HR 2314

Hawaiian Separatist Bill: HR 2314
House Chamber, Washington, D.C.
February 23, 2010

Mr. Speaker:

It pains me to rise in opposition to the valedictory measure of the gentleman from Hawaii, but I believe this bill strikes at the very foundation of a nation dedicated to equality under law. It establishes a different set of laws, a different set of rights and a different government for one group of Americans based solely on their race.




Two American families, living next door to one another, would be accorded two different sets of rights enforced by two separate sovereignties all based entirely by accident of birth. Ever since Brown v. Board of Education buried the Separate but equal doctrine of Plessy v. Ferguson, the Supreme Court has consistently ruled that such an arrangement is fundamentally incompatible with the American Constitution.

Ten years ago, in the case of Rice v. Cayetano, the Supreme Court, in a 7-2 decision, struck down identical race-based voting qualifications for the Office of Hawaiian Affairs.

The state argued that it could impose race-based voting qualification, based on the precedent of Indian tribes. The court responded:

Even were we to take the substantial step of finding authority in Congress, delegated to the state, to treat Hawaiians or native Hawaiians as tribes, Congress may not authorize a state to create a voting scheme of this sort.

That is EXACTLY what this bill does.

This bill establishes a precedent that will allow any distinct group within our nation to demand its own separate organic rights and government. Were this bill to pass, there would be no grounds to deny any other racial group with historic grievances their own separatist government and exclusive rights.

Having enacted this law, on what basis do we deny every other demand to tear our country apart? This is a precedent that does tremendous damage to a multi-racial nation founded upon the principles of e pluribus Unum and equal justice under the law.

How exactly do we establish two separate governing systems and two separate populations with two separate sets of civil and legal rights within the same territory? Under whose law are competing claims to be settled?

The bill explicitly provides that the Native-Hawaiian government and its official acts cannot be challenged in an American court.




And how exactly can Congress cede by statute the very essence of its Constitutional authority, requiring civil and criminal jurisdictions and property rights to be negotiated away to this new governing entity that is defined solely by the race of its members.

The analogy with American Indian tribes is absurd both historically and legally.

Historically, American Indian tribes never voted to join the Union, they were conquered by force and extended by treaty certain lands in which they could exercise sovereignty, and they maintained continuous self-government.




Whatever the circumstances involved in the revolution of 1893 and the annexation of 1898, they became irrelevant in 1959, when the people of Hawaii voted by a 17-to-one margin almost 95 percent -- to join the Union and to become an integral and indivisible part of the American nation.

The Admission Act never contemplated the establishment of a separatist government. The provisions that proponents cite merely provided an option of land for homes and small farms of a very small number of Hawaiians with 50 percent native ancestry.

The Admission Act DID contemplate assuming the full protection of the American Constitution and its prohibition against race-based separatism and race-based rights.

Legally, a tribe exists only when it has a government that has exercised substantial authority over its members from before Western contact continuously until the present and when its members mostly live separate and apart from surrounding populations. The sovereignty of that government is limited to the trust lands of the tribe. These long-established criteria are entirely inapplicable to American citizens of Hawaiian descent -- 40 percent of whom dont even live in Hawaii according to the 2000 census.

Mr. Speaker, There is no more effective way to destroy a nation than to divide its people by race and accord them different rights and different government based upon their race.

Yet that is exactly what this bill does.

Category:

News & Politics

Tags:

• Hawaii
• Rice v. Cayetano
• Office of Hawaiian Affairs
• Native-Hawaiian government
• Admission Act

[piilani99]

well if all the reps really knew what the hell they were talking about .. perhaps my family wouldn't be struggling to fight for the rights of their own Kuleana land on us soil.

Its a sad fact but its happening to us and no matter which way people want to look at it, the Hawaiians are loosing their lands to the high cost of taxes and other heinous acts

Read our story and spread the word

go to: Lambert v. Lua (goggle)

[DaHawaiian990]

This person doesn't know his facts. Hawai'i is an illegal occupied state. A fake Theyre all cowards who will be punished like the how the Egyptians was

[aztec714ok]

aren't they ashamed to stand there and give orders .land grabbers

[penluvslyf]

I guess the Americans don't get it! You stole our country at gun point to our queen! America broke their treaties with our Kingdom! Then to keep it you went ahead and made it a territory then statehood declared our people kanaka maoli (Hawaiian people) as Americans in the organic act!!! Our grandparents and their parents who were 100% Hawaiians did not vote in your American elections they signed a Ku'e petition against it!!! But did you hear our queens plea and our people's plea to give back o

[creaturebc]

If it wasn't for the U.S. they would still be climbing coconut trees for something to eat! or would have been taken over by some communist country so shut the fuck up and be happy that you are making so much money as a tourist attraction!

[MMIUK1984]

If you are a Hawaiian, let's see your arguments to this video. I'd like to hear and see what Hawaiians from around the world have to say. Please post your comments.

[MySide808]

@Hawnguy100 Aloha Hawn your still active I see. LoL :)

[TheKonacrush]

california hawaiians vote him out in november and in 1959 it was haole who voted not full blooded hawaiians . the hawaiian's had there land taking from them right under the nose of the president by 12 busniess owners who had special intrest in MY HAWAIIAN NATION AND PUT OUR QUEEN HOSTAGE IN OUR PALACE FUCK YOU MCCLINTOCK

[curatrix2008]

@Nero49er I don't have to threat. lol . . . I got you to TAP OUT without threats to either beat you or fuck you. you are stupid, thick, slow and ya TAPPED OUT . . .

.

and your words have wind blowing through them. you said you were done talking to me over and over and over again. yet you were to weak to forego the bait

[curatrix2008]

@Nero49er HAHAHAHA . . . YEAH - TAP OUT - hahahahahaha

[curatrix2008]

@Nero49er  oh . . . so ya tappin out of the TAKEOVER threats? hahahaha

[curatrix2008]

@Nero49er oK, so with a building permit, your uncle is available to send your posts to . . . LOL anything else ya wanna tell me