Opinion
Editorial: Native Hawaiians never had a government


"As a statement flouting the fundamental premise of the 15th Amendment - that most noble item forbidding racial discrimination in voting - you could not do much worse than the "Native Hawaiian" legislation now building steam in Congress.

Sponsored by Sen. Daniel Akaka, D-Hawaii, Senate Bill 147 would create a government exclusively for "native" Hawaiians, the determination of which in this racially well-melted state to be decided later.

Essentially alone in fighting off this terrible idea is Sen. Jon Kyl, R-Ariz. Kyl approaches his opposition from two fronts.

One is self-evident principle: Using Congress to create a "tribe" out of thin air is an affront to the very concept of equal protection before the law. Creating a native Hawaiian government, especially one lacking self-defining borders, establishes one set of laws for natives and another for "outsiders," even those who have lived for generations on the islands.

The other is practical: Native American tribes existed before the creation of the United States, and the accommodations sought for those tribes constitute an acknowledgment of realities as they existed at the time."

Get the Story:
Editorial: Aloha, equality (The Arizona Republic 8/4)

School Admission Policy Decision:
Doe v. Kamehameha Schools (August 2, 2005)

Rice v. Cayetano Election Rights Decision:
Syllabus | Opinion | Concurrence Dissent (Stevens) | Dissent (Ginsburg)

Native Hawaiian Recognition Bill:
Native Hawaiian Government Reorganization Act of 2005 (S.147)

Relevant Links:
Kamehameha Schools - http://www.ksbe.edu
Native Hawaiian Sovereignty Site - http://www.hawaii-nation.org
Native Hawaiian Federal Recognition Site - http://www.nativehawaiians.com

Related Stories:
Editorial: Native Hawaiian bill is un-American (07/21)
Debate on Native Hawaiian bill delayed in Senate (7/20)
Bush names John G. Roberts to U.S. Supreme Court (07/20)
House, Senate hearings on housing, land dispute (7/18)
Native Hawaiian bill set for vote on Senate floor (7/18)
Opinion: Native Hawaiian bill sets bad precedent (7/18)
Commentary: Bill creates 'race-based' government (07/07)
Novak: Native Hawaiian bill creates new 'Indians' (7/5)
Column: Bill creates 'tribe' of Native Hawaiians (6/23)
High court won't take on Native Hawaiian recognition (06/14)
Panel approves Native Hawaiian, NAGPRA changes (03/10)
Native Hawaiian recognition bill gets another shot (02/22)
Native Hawaiian recognition bill introduced again (01/27)
McCain won't block Hawaiian recognition bill (01/14)
McCain opposes Native Hawaiian recognition bill (1/6)
Appeals court leaves Hawaiian recognition to Congress (11/02)
Bush investigating Native Hawaiian scholarships (03/17)
Hawaii senators consider deal on recognition bill (2/25)
Norton continues to question Native Hawaiian bill (2/23)
Native Hawaiian programs survive big court test (01/16)
Norton worried about 'pitfalls' for Native Hawaiians (01/13)
Alaska-Hawaii ties stir controversy among Natives (12/01)
Judge strikes down one Native Hawaiian lawsuit (11/21)
Lawsuits challenging Native Hawaiians benefits resume (11/12)
Legal threats galvanize Native Hawaiian community (09/15)
Native Hawaiians in limbo as courts open up programs (09/04)
Native Hawaiian recognition stalled in Congress (09/01)
Judge to rule in Native Hawaiian school case (08/20)
Native Hawaiians fight for federal recognition (07/21)
Student denied entry into Hawaiian school sues (06/30)
DOJ objected to Native Hawaiian legislation (06/06)
Native Hawaiians denied party status in suit (04/01)
Native Hawaiian office established in D.C. (02/27)
Opinion: Oppose Native Hawaiian bill (2/21)
Court affirms Native Hawaiian ruling (01/06)
Native Hawaiians press sovereignty (10/14)
U.S. dismissed from Native Hawaiian case (09/04)
Inouye: Native Hawaiian bill won't pass (8/8)
Native Hawaiian bill supported (7/16)
Native Hawaiians intervene in lawsuit (7/12)
Judge won't halt Hawaiian funding (3/14)
Native Hawaiian trust challenged (3/6)
Native Hawaiian bill on Senate agenda (7/20)
Federal judge blocks Army training (7/19)
Native Hawaiian lawsuit dismissed (7/13)
Shift in Senate means changes for Indian Country (5/25)
Senate confirms Olson as Solicitor General (5/25)
Native Hawaiian lands threatened (5/24)
A first for Native Hawaiians (4/5)
Indian Law and the Supreme Court (12/11)
OHA survives elections (11/14)
Final Hawaiian report released (10/24)
Native Hawaiian bill passes House (9/27)
Hawaiian affairs still controversial (9/13)
US recommends Hawaiian sovereignty (8/24)
Non-Natives win battle in suit (8/17)
Where are the Dems on tribes? (8/16)
March raises sovereignty awareness (8/14)
The GOP 2000 Platform on Native Americans (8/1)
Group challenges Hawaii (7/7)
Hawaiians march for sovereignty (7/5)