Editorial: Racial segregation and Native Hawaiians
"President Obama speaks proudly of his childhood in Hawaii, so we wonder what the state's voters think of his support for a bill that would redistribute its wealth based on race. That's what would happen under the Native Hawaiian Government Reorganization Act, which Congress is trying to sneak through in its final days this year.

Sponsored by Senator Daniel Akaka, the bill would transfer a percentage of public-owned lands to a native Hawaiian government within the state of Hawaii. The legislation would collect some 400,000 ethnic Hawaiians scattered across the country into a newly affiliated tribe, eventually endowed with the powers of a sovereign state, including freedom from state taxes and regulations and separate police power.

Proponents say the plan would duplicate the legal scenario set up for Native Americans, but the Akaka bill carves out new territory. Unlike Indian tribes made up of tightly knit populations that have lived together continuously, participation in the new group would be available to nearly anyone able to trace their roots back to a Native Hawaiian ancestor, no matter where they now reside. U.S. Civil Rights Commission member Gail Heriot told Congress in June that, "If ethnic Hawaiians can be accorded tribal status, why not Chicanos in the Southwest? Or Cajuns in Louisiana?"

Under the Akaka bill, someone will have to divine exactly who qualifies as a Native Hawaiian. In the bill's current version, the determination would be handled by a nine member commission staffed by experts in native Hawaiian genealogy. That, says the U.S. Civil Rights Commission, amounts to racial discrimination and would "subdivide the American People into discrete subgroups accorded varying degrees of privilege.""

Get the Story:
Editorial: Aloha, Segregation (The Wall Street Journal 12/17)

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