An analysis of the Akaka Bill by attorney Paul M. Sullivan.

The Honorable Nancy Pelosi, Speaker

The Honorable John Boehner, Republican Leader

The Honorable Harry Reid, Majority Leader

The Honorable Mitch McConnell, Republican Leader

The Honorable Nick J. Rahall II, Chairman, Committee on Natural Resources

The Honorable Doc Hastings, Ranking Member, Committee on Natural Resources

The Honorable Byron Dorgan, Chairman, Committee on Indian Affairs

The Honorable John Barrasso, Vice Chairman, Committee on Indian Affairs

The Honorable John Conyers, Chairman, Committee on the Judiciary

The Honorable Lamar Smith, Ranking Member, Committee on the Judiciary

The Honorable Patrick Leahy, Chairman, Committee on the Judiciary

The Honorable Jeff Sessions, Ranking Member, Committee on the Judiciary

Re: Native Hawaiian Government Reorganization Act

Dear Distinguished Members of Congress:

Three years ago, the U.S. Commission on Civil Rights issued a report opposing the

passage of the proposed Native Hawaiian Government Reorganization Act. Although that

report focused on an earlier version of the proposed legislation, that earlier version was

substantially similar to S. 1011. Specifically, the report stated:

“The Commission recommends against passage of the Native Hawaiian

Government Reorganization Act … or any other legislation that would

discriminate on the basis of race or national origin and further subdivide the

American People into discrete subgroups accorded varying degrees of privilege.”

We write today to reiterate our opposition to the proposal.1 We do not believe

Congress has the constitutional authority to “reorganize” racial or ethnic groups into

dependent sovereign nations unless those groups have a long and continuous history of

separate self-governance.  Moreover, quite apart from the issue of constitutional

authority, creating such an entity sets a harmful precedent.  Ethnic Hawaiians will surely

not be the only group to demand such treatment.  On what ground will Congress tell these

other would-be tribes no?

But the Akaka Bill will not recognize Keoni as Hawaiian. Keoni, regardless of his rank, stature or accomplishments would not be allowed a place in the Akaka Bill’s new government.

Keoni used to be called John Young, and his ancestors came from England. Although he and his family were instrumental in the creation of the Kingdom of Hawaii, the Akaka Bill would reject him simply on the basis of his bloodline.

He Hawai’i au; he mau Hawai’i kakou a pau. I am Hawaiian; we are all Hawaiians.

Father Damien arrived at Kalaupapa on May 10, 1873. For years he worked among the lepers, until he himself contracted the disease and died on April 15, 1889. By any measure, Father Damien was a Hawaiian hero.

But not according to the Akaka Bill. Since Father Damien was from Belgium, the Akaka Bill would not consider him “Hawaiian.” Despite all of his works, and all of his sacrifice for the most needy people of the Kingdom of Hawai’i, the Akaka Bill would tell Father Damien he could not be a part of the new “Hawaiian” Government.

He Hawai’i au; he mau Hawai’i kakou a pau. I am Hawaiian; we are all Hawaiians.

A plea for racial equality from our first hapa-haole president.

In what could be a turning point for spurious race-based claims to public lands in Hawaii, the SCOTUS heard oral arguments today centering around the Apology Resolution (PL103-150).