"As farewell presents go, few lawmakers get to redistribute an entire state's wealth based on race. That was the send-off for Representative Neil Abercrombie, who is retiring this week to run for Governor of Hawaii. For his campaign literature, he'll take the Native Hawaiian Government Reorganization Act, which was whooped through the House on Tuesday 245-164.

The bill would create a sovereign tribal entity made up of some 400,000 Hawaiians. Supposedly designed to mimic the legal structure created for Native Americans, the bill breaks new ground—requiring the federal government to create a tribe based on a loosely defined racial identification. Not yet scheduled for a vote in the Senate, the bill may face opposition from Republicans, including a filibuster. South Carolina's Jim DeMint says he'll use "all the tools possible" to prevent the bill from becoming law, and we hope he does.

This wasn't the law's first trip around the Hill, though it was the most outrageous. The version passed Tuesday includes last-minute changes by Mr. Abercrombie to evade normal legislative vetting. In a letter to House leaders, five members of the U.S. Commission on Civil Rights expressed their "profound disappointment" at a bill that was "negotiated behind closed doors" and "released less than 48 hours prior to the expected House vote."

And no wonder. While land transfers will still need to be negotiated with the state, the bill could affect public land covering 38% of Hawaii. The new tribe would be immediately vested with such "inherent powers" as sovereign immunity, the right to regulate its members and to be released from various state taxes and regulations. That's a departure from the original plan, which required consultation with the state government and Congress on tribal powers."

Get the Story:
Editorial: Hawaiian Secession (The Wall Street Journal 2/27)

More Opinions:
Gail Heriot and Peter Kirsanow: Congress Tries to Break Hawaii in Two (The Wall Street Journal 2/28)
Editorial: Hawaii's double standard: Paradise or purgatory? (The Pittsbugh Tribune-Review 2/27)

Native Hawaiian Bill:
H.R.862 | S.381

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