Sun - September 6, 2009Truth vs Akaka Bill with Lynette CruzSeptember 3, 2009, Ka Huli Ao hosted a Maoli
Thursday discussion "True Sovereignty? The Akaka bill and its Implications"
re-visiting issues of the Native Hawaiian Government Reorganization Act, also
known as the Akaka Bill. Speakers: Lynette Cruz, Robin Danner, Ester Kia'aina.
Here's excerpts of portions with
Lynette.
Posted at 06:20 PM Permalink Sat - July 11, 2009Petition opposing Akaka BillOnline Petition to
"Oppose the Native Hawaiian Government Reorganization Act of 2009" (aka Akaka
Bill).
Posted at 10:58 PM Permalink Thu - July 9, 2009Native Hawaiian Bar Association testimony on Akaka BillFYI...
Testimony Of The Native Hawaiian Bar Association Before The House Committee On Natural Resources On The Akaka Bill, HR 2314, The Native Hawaiian Government Reorganization Act June 11, 2009 Chairman Rahall, Ranking Member Hastings, and members of the committee: As members of the Native Hawaiian Bar Association (NHBA) Board of Directors, we are writing to express our support for H.R. 2314, the Native Hawaiian Government Reorganization Act, commonly known as the Akaka bill, which was reintroduced on May 7, 2009, and provides a self-determination process for Native Hawaiians to be federally recognized by the U.S. government. However, we condition our continuing support of the bill as it moves forward in the process on the hope that certain major concerns will be addressed. The Native Hawaiian Bar Association is a membership organization of Native Hawaiian judges, lawyers, and other legal professionals. Founded in 1992, the NHBA promotes unity, cooperation and the exchange of ideas among its members and within the broader legal community. The NHBA strives for justice and effective legal representation of Native Hawaiians and provides a forum for discussion, examination and resolution of legal issues affecting Native Hawaiians. It has offered symposia, amicus curiae and other collaborations in the areas of self determination, access and gathering protection, Hawaiian Home Lands and ceded lands breach of trust claims. Since the first introduction of the Akaka bill in 2000, the NHBA has monitored the legislation’s progress and the challenges it has faced within our Hawaiian community, policymakers in Washington, D.C, and Hawaii, and the general public. During 2006, the NHBA Board of Directors worked very closely to secure the support of the American Bar Association in a resolution urging Congress to pass legislation to establish a process to provide federal recognition and to restore self-determination of Native Hawaiians. Our major concerns with H.R. 2314 are as follows: Read the rest of the testimony... Posted at 09:22 AM Permalink Akaka Bill committee vote delayedAdvertiser reports
House Natural Resources Committee postpones vote on Akaka bill, to be
rescheduled in a week or two.
Posted at 04:23 AM Permalink Fri - June 12, 2009Akaka bill hearing reportAdvertiser reports
on the Akaka Bill hearing in the House yesterday.
Posted at 07:37 AM Permalink Tue - June 9, 2009House hearing on Native Hawaiian recognitionWell after yesterday posting the article that said
"it hasn't been scheduled for committee hearings yet" here's a committee hearing
scheduled this week...
The House Natural Resources Committee holds a hearing this Thursday on H.R. 2314, the Native Hawaiian Government Reorganization Act of 2009. The hearing takes place at 11am in Room 1324 of the Longworth House Office Building. It will be broadcast on the Internet. Committee Notice: Full Committee Legislative Hearing On H.R. 2314 (June 11, 2009) Witnesses: Panel 1 The Honorable Mazie K. Hirono U.S. Congresswoman, Hawaii 2nd District Panel 2 The Honorable Micah Kane Chairman Department of Hawaiian Homelands Kapolei, HI The Honorable Haunani Apoliona Chairwoman Office of Hawaiian Affairs Honolulu, HI Ms. Gail Heriot Commissioner U.S. Commission on Civil Rights San Diego, CA Mr. Michael Yaki Commissioner U.S. Commission on Civil Rights San Diego, CA Mr. H. Christopher Bartolomucci Partner Hogan & Hartson Washington, DC Posted at 03:40 PM Permalink Mon - June 8, 2009Akaka bill not likely to be heard soonAP article
via the Maui News says the bill could be approved this year, but hasn't
been scheduled for any hearings yet and is unlikely to be heard before the
August recess as Congress deals with other pressing issues.
Posted at 10:51 AM Permalink Sat - May 9, 2009Previous version of Akaka Bill reintroduced with gaming prohibitionThursday, Hawaii's congressional delegation
reintroduced the version of the Native Hawaiian Government Reorganization Act
(aka Akaka Bill) approved by the full House and by the Senate Indian Affairs
Committee in 2007. "The version contains a specific prohibition on gaming by a
native Hawaiian governing entity that would be created by the measure."
Advertiser story,
Star-Bulletin story.
Posted at 05:54 AM Permalink Mon - April 6, 2009New video "The Akaka Bill: Creating a Nation or Erasing It"Up and coming film group Ho`ona`auao Productions
just completed their first documentary, "The Akaka Bill: Creating a Nation or
Erasing It." The 24-minute film features interviews with everyone from Bill
Burgess to Oswald Stender to Kekuni Blaisdell to Keanu
Sai.
"The film presents the issue objectively and asks you, the viewer, to come to your own conclusions." It was sponsored by Hawaii People's Fund and the Hawaii Community Foundation. It will be broadcasted on public television, at film festivals, and at public events in the coming months. Meanwhile, you can watch it on YouTube in 3 parts: For more info contact: Trevor Atkins Ho`ona`auao Productions 1654 Ke`eaumoku St. Honolulu, HI 96822 akakafilm @ gmail.com Posted at 03:03 PM Permalink Thu - March 26, 2009New Version of Akaka Bill introduced with gambling banAdvertiser reports
that Akaka has introduced a new version of his federal recognition bill that
specifically bans gambling, even though the bill would not have allowed gambling
in Hawaii anyway regardless, because a "tribe" can only have gambling in a state
that allows some form of gambling in the first place. (I'm opposed to legalized
gambling in Hawaii, but this is an example of how anything under the Akaka bill
is far from true "sovereignty"). Star-Bulletin also mentions
.
Posted at 06:39 AM Permalink Mon - March 16, 2009Akaka bill has receptive Congress, White House but is low priorityAdvertiser looks
at the current state of the Akaka bill legislation, with a Congress
and the White House who "have never been more receptive to the idea," but
preoccupied with higher priority issues. "So far, the legislation is still at
the starting blocks. Native Hawaiian bills have been introduced in both the
House and the Senate, but they have yet to move through any of the vetting
committees."
Posted at 04:33 AM Permalink Sun - March 1, 2009Akaka Bill could become law, but opposition among Hawaiians continuesThe Maui News has an article
on the Akaka Bill for federal recognition of Hawaiians and it's increased chance
of passing this year. Positions in favor are presented as well, but here are the
excerpts of those against it, since these don't get heard in all the official
advocacy for the bill by OHA and other
agencies.
But a Kahului resident, whose great-great-grandfather helped draft 1839 documents of the Hawaiian kingdom, said he opposes the Akaka Bill "mind, body and soul." Posted at 11:39 AM Permalink Thu - February 5, 2009Akaka Bill reintroducedThe Native Hawaiian Government Reorganization Act
(aka Akaka Bill) has been reintroduced in the House and Senate for this session.
Apparently this time an earlier version without some of the changes that were
made, including the explicit prohibition on gambling (although gambling still
has to be legal in a state before an Indian nation can legalize gambling on
reservations, so unless Hawaii legalizes gambling there would be no practical
effect whether it is or isn't in the Akaka bill
anyway).
With more Democrats in the Senate and a president who supports the bill, it will likely pass this year, for better or worse. Advertiser reports and Star-Bulletin reports. Update: Here's the text of the bill: New Akaka Bill.pdf More updates: Star-Bulletin editorial says to pass the original bill "Unfettered by concessions made to the Bush administration." It also makes an interested point that "The Akaka Bill could provide a lucrative source of revenue to Hawaiians by opening casinos in mainland states that allow gambling. The federal regulatory act does not allow such activity by tribes in states, including Hawaii, where gambling is illegal and should remain that way." No that I'm advocating this, but just a point to be clear on, despite the ban being a moot issue in Hawaii, it could have implications outside of Hawaii. And meanwhile KGMB reports that Lingle doesn't like the bill, because... "One of the provisions of the Akaka Bill that I requested in order to support it was a prohibition against gambling, because I've always felt it wouldn't be in Hawaii's best interest to have legalized gambling." Maybe the Gov needs to read that last sentence above. "The federal regulatory act does not allow such activity by tribes in states, including Hawaii, where gambling is illegal..." Passing the Akaka bill without a specific prohibition on gambling won't affect the legal status of gambling in Hawaii at all, for Hawaiians or anyone else. Posted at 08:28 AM Permalink Fri - January 23, 2009Download Flyer: Vote "No" to Akaka Bill!Reinstated Hawaiian Government put out this flyer
(PDF) on the Akaka bill that you can print, sign and send to
Congress:
Stop+Akaka+Bill+Flyer.pdf Here's the Senate directory and House directory where you can look up addresses/faxes to send it to. Posted at 02:07 PM Permalink Mon - December 29, 2008S-B pushing for early action on Akaka billStar-Bulletin editorial is calling
for early action on the Akaka bill in Congress this year.
Posted at 04:52 PM Permalink Mon - December 22, 2008Akaka Bill backers like the new oddsStar-Bulletin now has an article
on the increased chance of the passage for Akaka bill with at least 58 Senators
caucusing with the Dems and Obama having said he will sign the bill if it
passes. May be a while before it gets on the agenda with everything else
Congress needs to address, but when they do get to it, it likely
passes.
The article includes this: "Native Hawaiian sovereignty groups also oppose the legislation, saying it does not go far enough to grant Hawaii independence from the U.S. government." Well, not exactly. Hawaiian national sovereignty groups generally believe Hawaii has never been legally acquired by the U.S. and is already an independent country under prolonged, illegal occupation, similar to the Baltic states under Soviet occupation. So it more about recognizing an existing political status than granting anything. One country can't grant sovereignty to another county. But yes, there are many Native Hawaiians and other supporters of fully restored sovereignty for Hawaii who oppose the bill. Posted at 08:29 AM Permalink Fri - December 19, 2008Tue - December 9, 2008Akaka bill passage likely this yearAdvertiser has a piece
on the likely passage of the Akaka bill this year with the new president and
congress:
WASHINGTON — With a larger Democratic majority in the new Congress and an incoming Democratic administration headed by a Hawai'i native, the Akaka bill seems to have its best chance yet of passage. As I mentioned earlier, The many Hawaiians who oppose the Akaka Bill have been thankful its passage has been blocked by Republicans for the last eight years since it was first introduced, despite opposing it for entirely different reasons, but now its passage is likely, and the questions may be whether some of the undesirable changes put into the bill to try to get it past Republican resistance can be reversed before its passage, and how the Hawaiian community responds and chooses to participate or not once the bill has been passed. Posted at 08:51 AM Permalink Thu - November 20, 2008Hawaii's growing influence in Washington, federal recognition likely to passThe Hill, which covers Congress, had a
piece
Tuesday on Hawaii's growing influence in
Washington:
The Hawaiian punch in Washington is about to get a lot stronger. The many Hawaiians who oppose the Akaka Bill have been thankful its passage has been blocked by Republicans for the last eight years since it was first introduced, despite opposing it for entirely different reasons, but now its passage is likely inevitable, and the questions now may be whether some of the undesirable changes put into the bill to try to get it past Republican resistance can be reversed before its passage, and how the Hawaiian community responds and chooses to participate or not once the bill has been passed. The bill wouldn't actually recognize or create a so-called Hawaiian nation immediately, but would set up a process that could eventually—years down the line probably—lead to Hawaiians being recognized as a domestic dependent nation similar to Native Americans. Meanwhile, independence supporters will no doubt continue to develop their legal foundation and educational initiatives to ensure that even the passage of federal recognition does not negate the existence of the Hawaiian kingdom and the historical fact that the U.S. never legally acquired Hawaii in the first place. Posted at 02:03 PM Permalink Fri - October 3, 2008American Spectator on the Akaka BillThe conservative American Spectator takes
aim at the Akaka bill.
Posted at 09:20 AM Permalink Sun - August 24, 2008Democrats to support Native Hawaiian recognition in party platformAdvertiser reports
that the Democratic Party may include a paragraph in their party platform at
this week's convention "in support of self-determination for Native Hawaiians
consistent with the principles of a 1993 apology resolution passed by Congress
and a proposed Native Hawaiian federal recognition bill." (That's the
Advertiser's description, not the actual platform
language.)
As for the bill's prospects this year, Akaka is referring to a possible "miracle" which doesn't sound too hopeful on his part, but he is trying to get a September vote on the bill as the Senate runs out of time in the session. Privately, supporters of the bill believe they have the 60 votes necessary to break a Senate filibuster. The strategy is to get the bill through the Senate and then possibly attach it to other legislation to reduce the chances of a Bush veto. Even if Bush were to veto the bill, some supporters say, it would be in a stronger position if re-introduced in the next Congress because of having finally cleared the Senate after eight years. Meanwhile, Ikaika Hussey expresses one of many Native Hawaiian voices opposing the bill. Ikaika Hussey, an organizer with the Movement for Aloha No ka Aina, a group seeking independence, said the discussion should go back to the question of reconciliation raised by the 1993 apology resolution. Posted at 09:13 AM Permalink Wed - July 16, 2008OHA spends millions trying to create new Native Hawaiian nationAdvertiser reports:
From thousands of T-shirts to the establishment of a bureau office in Washington, D.C., the Office of Hawaiian Affairs has spent nearly $7.5 million in the past three years on three separate efforts designed to establish a Hawaiians-only government entity. Posted at 05:44 AM Permalink Fri - July 4, 2008Nader supports Akaka BillStar-Bulletin reports
on Independent presidential candidate Ralph Nader's visit to the islands
yesterday, during which "Nader said he supports the Akaka Bill and native
Hawaiian rights."
Posted at 06:54 AM Permalink Mon - June 30, 2008Retired U.S. Sen. Ben Night-horse Campbell hired to help push Akaka billAdvertiser reports:
The state Office of Hawaiian Affairs has enlisted larger-than-life retired U.S. Sen. Ben Night-horse Campbell to help its efforts to push the Akaka bill through Congress. Posted at 07:08 PM Permalink Thu - April 17, 2008Hawaii GOP internal fight over Akaka billThis HR article
by Eric Ryan and blog
post by Mel tell of a schism in the Hawaii GOP over the Akaka bill.
The district-elected platform committee attempted to change the platform from
supporting to opposing the Akaka Bill, along with numerous other unrelated
changes, but instead Lingle's operatives stacked the committee at the last
minute and shut it down, simply re-adopting the 2006 platform and rejecting all
of the other proposed changes just to keep the anti-Akaka bill plank from being
adopted. The GOP grassroots aren't happy with Lingle or their party at the
moment, to put it mildly. (The blog post has an audio file of the
meeting.)
Update 4/21: Doug at Poinography has more on this "entertaining (and public!)" internal dispute, with links to several posts/articles from different participants and points of view. But it all started with the proposed platform change on the Akaka bill. Posted at 10:37 AM Permalink Wed - April 9, 2008Akaka Bill Seminar; Shapiro: wait 'til next year to push the billNotice
in the
Advertiser:
The Honolulu Japanese Chamber of Commerce will host a seminar on the Akaka Bill, also known as the Native Hawaiian Recognition Bill, from noon to 1:30 p.m. April 24 at the chamber's Manoa Grand Ballroom Lounge at 2454 S. Beretania St. And in his Advertiser column, David Shapiro argues that Akaka should wait to push the bill, and that trying to bring it to the floor this year could do more harm than good (from the pro-Akaka bill perspective, which many Hawaiians don't share anyway): You have to wonder about U.S. Sen. Daniel Akaka's strategy in pushing for a vote this year on his bill for Native Hawaiian political recognition despite the certainty of a veto by President Bush if it passes. Posted at 09:18 AM Permalink Sat - April 5, 2008Senate will vote on Akaka bill this yearAdvertiser story
on the prospects of the Akaka bill becoming law this session. A spokeswoman for
Senate Majority Leader Harry Reid said the bill will be considered by the full
Senate this year, but exact timing is not yet known. "Changes in the membership
of the U.S. Senate seem to give the Akaka bill a better chance of passage this
year," but "the Bush administration opposes the bill and the president may veto
it if it passes."
Posted at 01:29 PM Permalink Thu - April 3, 2008Akaka bill depends on Senate freshmenThe Hill, a prominent D.C. publication that
follows Congress, has a piece
on the Akaka bill, saying "Sen. Daniel Akaka (D-Hawaii) is leaning on his
party’s freshman senators to move legislation that would give Native
Hawaiians the power to form their own government and negotiate with state and
federal governments." If the 6 freshmen Dems who replaced Republicans who voted
against the bill all vote for it, it will have enough votes to overcome a
filibuster and bring the bill to the Senate floor for a vote. Three of them have
already committed to support it. The bill has already passed the house.
However, the bigger hurdle is the White House. The article notes that "A veto threat was issued last fall in a Statement of Administration Policy." Even if the Senate passes it, the bill will likely be vetoed by the administration and will likely have to wait until a new president is in office next year to have a chance to be enacted. Note that the Native Hawaiian community itself is sharply divided over the bill, with many pro-independence groups voicing strong opposition to the bill (for reasons generally distinct from the Republican opposition in the Senate). For those who want to lobby, the three Senators listed as yet undecided are Sens. Jim Webb (D-Va.), Sherrod Brown (D-Ohio) and Bob Casey Jr. (D-Pa.)—click links for contact forms. For more info on why Hawaiians oppose the bill, see StopAkakaBill.com. Posted at 09:10 AM Permalink Mon - March 24, 2008Univ of MI Law School debates Status of Native HawaiiansRec'd via
email...
The Federalist Society, NALSA, and APALSA present: The Status of Native Hawaiians: Can Congress recognize a sovereign Native Hawaiian government, and is such recognition good policy? Join us for a debate between: GAVIN CLARKSON, Professor, University of Michigan Law School TODD GAZIANO, Commissioner, US Commission on Civil Rights; Director, Center for Legal and Judicial Studies, Heritage Foundation Location: University of Michigan Law School, Hutchins Hall, Room 138 Date: Thursday, March 27 Time: 12:15pm Details: Moderated by Professor Adam Pritchard. Lunch will be provided. Please contact Dan byrne at dgbyrne @ umich.edu with questions. Posted at 12:48 PM Permalink Fri - February 15, 2008Tue - January 22, 2008Obama would sign Akaka bill as presidentStar-Bulletin reports
that, "If elected president, Democratic hopeful Barack Obama says he would sign
the Native Hawaiian Government Reorganization Act, better known as the Akaka
Bill," according to a statement released yesterday by his campaign. Obama was
born in Honolulu and is a 1979 Punahou
graduate.
Also, "State Sen. Colleen Hanabusa, a spokeswoman for the Clinton campaign in Hawaii, said she believes the former first lady would sign the Akaka Bill if given the chance as president," based on the fact the Pres. Bill Clinton signed the apology bill. Clinton, along with Obama, also voted for cloture on debate on the bill last year, which if passed would have brought the bill to the Senate floor for a vote. Posted at 08:18 AM Permalink Mon - January 14, 2008Akaka working to bring federal recognition bill to Senate floorAdvertiser reports
on unfinished business in the new session of Congress,
including:
After the Senate opens its new session Jan. 22, Sen. Dan Akaka, D-Hawai'i, hopes to bring at least three major bills to the floor for debate and vote, which Republican opposition has stalled. Posted at 02:21 AM Permalink Thu - November 29, 2007George Will on Akaka bill: Hawaiians = Nazis?George Will's column
in the Washington
Post begins
thusly:
"I decide who is a Jew around here." Ian Lind says on his blog: What in the world was conservative columnist George Will smoking when he wrote yesterday’s column equating Native Hawaiian rights with Nazi racism? Do you think he really believes that stuff? What an ass. Update 11/30: In the Advertiser, Akaka and others react to Will's column. There's this note at the end of the article: Also opposed to the Akaka bill and federal recognition are those who believe much more is needed to address wrongs against Hawaiians. Some of those opponents believe Hawai'i should be restored as a nation wholly independent of the U.S. Update 12/2: Advertiser editorializes. Star-Bulletin editorial plus an op-ed from Akaka and Abercrombie. Update 12/3: And now the Maui News has an editorial condemning Will as well: "A more blatant misrepresentation or willful ignorance of history would be hard to find." Posted at 07:09 AM Permalink Fri - November 16, 2007Hawaii advisory panel to USCCR takes no position on Akaka billAdvertiser
reports:
A U.S. Commission on Civil Rights advisory panel, which this year got several new members who are opposed to Native Hawaiian federal recognition, voted 8-6 yesterday to not take a position on the Akaka bill. Advertiser also has an op-ed by Michael Moodian in support of the bill. Posted at 05:25 AM Permalink Sun - November 4, 2007Point-counterpoint on Akaka bill from HISAC to USCCROpposing
op-eds in today's Advertiser
on the Akaka bill from members of the Hawai'i
State Advisory Committee to the United States Commission on Civil
Rights.
Update 11/12: Earlier there was this op-ed in the conservative Washington Times from Akaka and Abercrombie. (h/t Ian Lind) Posted at 06:08 AM Permalink Mon - October 29, 2007Apoliona commentary on federal recognition; poll problems go both waysOHA board chair Haunani Apoliona has a commentary
in the Advertiser
supporting federal recognition, taking on
conservative opponents of the bill, including their use of bogus
polls.
We appreciate Rep. Abercrombie for citing for both colleagues and C-SPAN viewers, the specific, misleading question, successfully discrediting this "push" poll by Grassroot Institute of Hawai'i. I believe I was the first to call out GIH over two years ago specifically for doing "push" polls, and Abercrombie and Apoliona are right to point this out. However, I would also remind readers that OHA's own recent poll cited by Abercrombie and Apoliona was not without problems of its own. As I noted at the time and the Star-Bulletin editorial pointed out: ...one question posed in the new survey was troublesome: "There has been talk about creating a Hawaiian governing entity that would represent the Hawaiian people in their dealings with the state and the federal government. Do you agree or disagree that an entity of some kind should be formed?" Posted at 07:12 AM Permalink Wed - October 24, 2007House passes Akaka billThe U.S. House has passed H.R. 505 "Native Hawaiian
Government Reorganization Act of 2007" on a 261-153 vote.
Advertiser
reports
and KGMB has a story.
The Senate still needs to act, and see if they have 60 votes to overcome threat
of a filibuster, but the administration is threatening to veto it even if it
does pass. (PS - as Ryan O. notes
"Numerologists take note, it was the 1,000th vote taken by the 110th
Congress.")
Update: USA Today article, including this: Republican opponents of the legislation also said it could open the door for Native Hawaiians to declare territorial independence from the United States. I think it is continually amusing how the Republicans fear the bill could lead to independence (or at least use this fear to stir opposition to the bill), while many who support independence also oppose the bill because they feel it would subvert independence. Both interests arguing against the bill, but for directly contradictory reasons. (And while we are told by some Hawaiian leaders how unrealistic and unachievable it is, yet would Republicans bring it up if they thought it completely impossible? Their fear of it validates its potential.) Update 10/25: And here's today's full Star-Bulletin article and the Advertiser article, which on the timing of the next step in the Senate says, "expected Republican opposition in the Senate means leadership would have to make time for lengthy debate in an already clogged legislative calendar." And the Advertiser concludes with this: A spokesman for Hui Pu, an umbrella group of Hawaiian organizations opposed to federal recognition, said he was disappointed but not surprised by the House vote. There's also a video of Rep. Hirono speaking in support of the bill. And you can comment on the article. And the Star-Bulletin editorial has this take: House approval of the Hawaiian sovereignty bill by a 261-153 vote fell far short of the two-thirds needed to override a presidential veto, rendering futile continued action on the bill while President Bush remains in office. Any effort to pass the bill also would be useless in the Senate, where support has been inadequate. Proponents should wait until the next administration before renewing their cause. Of course I have to keep pointing out that the bill, whatever is may be, has nothing to do with "sovereignty." Let's have another refresher. Wikipedia: Sovereignty is the exclusive right to exercise supreme political (e.g. legislative, judicial, and/or executive) authority over a geographic region, group of people, or oneself. A sovereign is the supreme lawmaking authority, subject to no other Black's Law Dictionary: The supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; the supreme will; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation; also a political society, or state, which is sovereign and independent. Now, compare and contrast with The Native Hawaiian Government Reorganization Act of 2007, for example this: (3) GOVERNMENTAL AUTHORITY AND POWER- Any governmental authority or power to be exercised by the Native Hawaiian governing entity which is currently exercised by the State or Federal Governments shall be exercised by the Native Hawaiian governing entity only as agreed to in negotiations pursuant to section 8(b)(1) of this Act and beginning on the date on which legislation to implement such agreement has been enacted by the United States Congress, when applicable, and by the State of Hawaii, when applicable. This includes any required modifications to the Hawaii State Constitution in accordance with the Hawaii Revised Statutes. And this: (b) Negotiations- Negotiating over "the delegation of governmental powers and authorities" is not sovereignty. Posted at 12:08 PM Permalink Mon - October 22, 2007Akaka bill in U.S. House this week; White House threatens vetoAccording
to the Hawaii
Reporter, the Akaka Bill is scheduled to be
heard in the House this
week.
Republican Whip Blunt announced late last week that the “Akaka bill,” H.R. 505 Native Hawaiian Government Reorganization Act of 2007, is scheduled for consideration by the House with several other bills, this coming Wednesday and Thursday, Oct. 24 and 25 starting at 10 a.m. In the Thomas page on the bill, I don't see a hearing date, but it does show the latest action 10/18 "Placed on the Union Calendar, Calendar No. 243," and here's the 10/18 House Report 110-389 out of the Committee on Natural Resources last week. And the International Herald Tribune has an AP article (same story also Advertiser breaking news) that the Bush administration issued a statement today opposing the bill. "If passed and eventually presented to President George W. Bush, his senior advisers would recommend a veto, the White House said." The administration has been on record opposing the bill, but while that still isn't a direct statement that it will be vetoed, to my knowledge this is the first time the White House has actually gone so far as to explicitly mention the threat of a veto, and it seems quite likely. Even if the senate could muster the votes to overcome the threat of a filibuster, they could not override a veto. I think this is also interesting: "The White House argued Native Hawaiians cannot be compared with other indigenous peoples, given the 'substantial historical and cultural differences.'" This is a valid point, because Native Hawaiians are not just indigenous, they are descendants of nationals (citizens) of a internationally recognized country, the sovereignty and territory of which were never relinquished and legally transferred to the United States. Update 10/23: Advertiser has their own version of the story out now, plus an editorial that you comment on (and the Star-Bulletin also published the AP story). Update: 10/24: Also covered in the Washington Times, and an editorial in the National Review Online. Posted at 01:37 PM Permalink Fri - September 21, 2007Grassroot Institute lobbying defense makes no senseDoug White notes Grant Jones'
response
at Hawaii Reporter
(also posted
on his Dougout blog) on behalf of Grassroot [sic] Institute of Hawaii regarding
Doug's observation (noted here Tuesday)
about the claim in their nonprofit tax filing that they did no lobbying. Grant's
response completely misses the point.
...those that support the Grassroot Institute do so voluntarily and know for what purpose their money is going to be used. Irrelevant. The question isn't whether supporters know how their money is being used, it's how the money is actually being used. Non-profits are prohibited from doing "excessive" lobbying activities, and can lose their tax-exempt status if they do. Supporters' donations would no longer be tax-deductible. Doesn't matter one bit if the supporters know that is how their money is going to be used. As everyone who lives in Hawaii is well aware, some "non-profits" are more equal than others. For example a department of the state government, the Office of Hawaiian Affairs, proudly trumpets on its Web site the vast sums of tax dollars they have spent lobbying for both state and federal legislation. Total non sequitur. A "department of the state government" is not a "non-profit." Hello? OHA is not a tax-exempt organization regulated by the IRS. This comparison makes no sense whatsoever. On a somewhat related note, Lance Foster makes the connection between the Anti-Hawaiians and the Anti-Indians. Posted at 08:23 AM Permalink Tue - September 18, 2007Grassroot Institute of Hawaii tax filing claims no lobbyingDoug White has looked into the tax
filings of the Grassroot [sic] Institute of Hawaii, with a link to their 2005
form 990 (PDF) at Guidestar.com, and notes that GRIH claims zero
activity under lobbying, yet they reported engaging in activities that clearly
seem to fall under the lobbying definition. Seems to me deserving of further
scrutiny. And it would be good to check their 2006 filing once it is
available.
Update 9/20: Doug follows up with a Hawaii Reporter post from the GRIH in which they state that they are "not explicitly opposed to the Akaka bill," but only to certain provisions or presumed implications or anticipated effects of the bill. Riiiight. But explaining the reasons for their lobbying doesn't make it any less lobbying. It should be noted that 501c3 nonprofits are not prohibited entirely from lobbying, but from excessive lobbying activities, which can be measured by the Expenditure Test or the Substantial Part Test. In either case, an organization that conducts "excessive lobbying activity" may lose its tax-exempt status, resulting in all of its income being subject to tax. GRIH is allowed to do some lobbying, but the issues seem to be, first, did they falsely report their lobbying activities, and second, were those activities "excessive" by one of the tests. Posted at 11:57 AM Permalink Sat - September 15, 2007Civil Rights commissioner clashes with Hawaii committeeDoug notes "A very
interesting story in the Stephens Media papers today (Hawaii
Tribune-Herald and West
Hawaii Today ) about a recent politically charged
meeting of the Hawaii State Advisory Committee to the U.S. Commission on Civil
Rights." Michael Yaki, a pro-Akaka commission member who sat in on a Sept. 5
Hawaii committee meeting, is clashing with the anti-Akaka members of the
committee, as the committee seeks to prevent the clash from being discussed in
public.
Posted at 08:26 AM Permalink Thu - September 6, 2007OHA releases poll on federal recognitionOHA released
the results of a poll Tuesday (with a PDF of poll methodology and
results), and yesterday the
Advertiser
covered
it. Lance Foster has some pretty extensive analysis
and commentary.
"The Ward poll was conducted by telephone Aug. 15-27. It interviewed 380 residents state-wide and carries a statistical margin of error of plus or minus 5 percent." One thing I notice is that support seems to erode between the general concept of federal recognition and protecting Hawaiian programs, and actually forming a "Hawaiian governing entity." 70% think that "Hawaiians should be recognized by the U.S. as a distinct indigenous group" and 67% think Hawaiians have the right "to make decisions about their land, education, health, cultural and traditional practices, and social policies." 65% believe that "organizations like Kamehameha Schools, Department of Hawaiian Home Lands, and OHA ... should be protected through federal recognition of Hawaiians as an indigenous people." And 83% believe that the "over 100 federally-funded programs for Hawaiians in the fields of health, education, employment, economic development and housing" should continue. However, when asked if a "Hawaiian governing entity" should be formed to "represent the Hawaiian people in their dealings with the state and the federal government," only 51% agreed. Yet this is what the Akaka bill actually sets up a process for. So while around two-thirds of the population, according to this sample and these questions, supports some vague concept of federal recognition and protection of Hawaiian programs, barely over half (and perhaps not even that given the 5% margin of error) actually supports the intended outcome of the process that the Akaka bill would specifically set in motion. While this poll certainly seems to indicate that the AntiHawaiians are in a small minority in their efforts to destroy Hawaiian programs and institutions, it is definitely not a broad endorsement of the Akaka bill, either. The Advertiser also includes this: Ikaika Hussey, of Hui Pu, an umbrella organization of Hawaiian groups that oppose federal recognition on the grounds that it doesn't go far enough in addressing the wrongs against Hawaiians, said the debate between Akaka bill supporters and those like Burgess is too narrow. I would still love to see someone do a poll asking questions like "If Hawaii were to be restored as an independent country with a multi-racial citizenry, would you want to be a citizen?" Meanwhile, the Advertiser also briefly covers a meeting in Honolulu yesterday of the Hawaii advisory committee to the U.S. Commission on Civil Rights, where testimony was heard from invited speakers about the proposed Native Hawaiian federal recognition bill, including some who said that the bill would "damage efforts to create an independent Hawaiian nation." Several public hearings are scheduled across the islands next week. The hearing schedule: Update 9/7: The Star-Bulletin editorial picks up on the same point I made above. ...one question posed in the new survey was troublesome: "There has been talk about creating a Hawaiian governing entity that would represent the Hawaiian people in their dealings with the state and the federal government. Do you agree or disagree that an entity of some kind should be formed?" Posted at 07:38 AM Permalink Thu - August 30, 2007Civil rights panel postpones meetingsI must have missed the announcement, but
Advertiser
editorial
says the U.S. Commission on Civil Rights Hawai'i State Advisory Committee's
next round of public forums has been
postponed.
Here are public meeting dates: 10 a.m.-5 p.m. Wednesday, South Pacific Ballroom, Hilton Hawaiian Village. 1-5 p.m. Sept. 12, State Capitol Auditorium. 12:30-4:30 p.m. Sept. 13, Conference Rooms A, B and C, State Office Building, 75 Aupuni St., Hilo. 1-5 p.m. Sept. 14, Performing Arts Center, Kaua'i Community College, Lihu'e. For more information, contact Angelica Trevino, 213-894-3437, e-mail hisac@usccr.gov. Update: David Shapiro's column on Wednesday takes on the Hawai'i advisory committee of the U.S. Commission on Civil Rights hearings on the Akaka bill, concluding thusly: What have Hawaiians done to deserve being treated with blatant hostility and disrespect in their native land — or be singled out as some kind of evil-doers by the Bush administration in its ideological dismantling of federal programs that once protected minority rights? Posted at 09:34 AM Permalink Wed - August 29, 2007Casting call for Akaka Bill: The Movie (a comedy)This
is funny from Lance. Casting for "a funny movie about the Akaka
Bill."
Posted at 01:03 AM Permalink Fri - August 24, 2007Congressional authority under the Indian Commerce ClauseHere's some useful historical/legal
background and context for the Akaka bill hearings and discussions that was
posted a few years ago by Keanu Sai, but is still just as relevant
today:
Akaka Bill Update By Keanu Sai from the Living Nation Network Aloha, I would like to make some comments on the following quote by Linda Lingle in the Star-Bulletin 7-25-03. "My understanding now is, it's an issue of whether or not Congress has the authority under the Indian Commerce Clause of the Constitution to grant this type of recognition to native Hawaiians," Lingle said. This quote sheds some light on a very important piece of the Akaka puzzle that i think has not been properly addressed, this being Congressional "authority under the Indian Commerce Clause." The Indian Commerce Clause can be found in the US Constitution. Article I, Sec. 8, Cl. 3 of the the Constitution empowers Congress "to regulate commerce with foreign nations, and among the several States, and with Indian tribes." The basis of this authority can be summed up through treaties or contracts. In the case of "foreign nations" you have international treaties. In the case of the "several States" you have the Constitution that was framed by a convention of delegates from all thirteen states. And in the case of the "Indian Tribes," you have domestic treaties. Professor Rice, author of "The Position of the American Indian in the Law of the United States" (1934), p. 80, answers the question as to "the consitutional basis of Congressional power to implement by legislation the treaties made." What this means is that the US Congress cannot be empowered under the Indian Commerce Clause unless it is authorized to do so by treaty or bi-lateral agreement. Native Hawaiians, as an ethnic group, have no treaties with the United States, but as part of the nationals of the Hawaiian Kingdom, their country has international treaties with the United States. And these treaties, as well as the Hawaiian Kingdom, are protected under international law. Read the rest in the extended entry... Posted at 05:22 AM Permalink Wed - August 22, 2007Civil rights committee chair "racist"? + Akaka bill not "sovereignty"Star-Bulletin
editorial
looks at the composition and politics of the U.S. Commission on Civil Rights and
its Hawaii Advisory Committee, as it begins hearings on the Akaka
bill, including this
tidbit:
The new chairman of the Hawaii committee is Michael Lilly, state attorney general under former Gov. George Ariyoshi. Lilly has not stated his opinion of the Akaka Bill. Among the allegations against Lilly during his failed Senate confirmation in 1985 was an accusation by the late David Schutter that Lilly was a "racist." Schutter then was a law partner of future Gov. Ben Cayetano, who as a state senator was among those who led the effort to reject Lilly's confirmation. Oh, and note to S-B editors: the Akaka bill, whatever it may be, most certainly is not "sovereignty." Let's have a little refresher. Wikipedia: Sovereignty is the exclusive right to exercise supreme political (e.g. legislative, judicial, and/or executive) authority over a geographic region, group of people, or oneself. A sovereign is the supreme lawmaking authority, subject to no other Black's Law Dictionary: The supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; the supreme will; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation; also a political society, or state, which is sovereign and independent. Now, compare and contrast with The Native Hawaiian Government Reorganization Act of 2007, for example this: (3) GOVERNMENTAL AUTHORITY AND POWER- Any governmental authority or power to be exercised by the Native Hawaiian governing entity which is currently exercised by the State or Federal Governments shall be exercised by the Native Hawaiian governing entity only as agreed to in negotiations pursuant to section 8(b)(1) of this Act and beginning on the date on which legislation to implement such agreement has been enacted by the United States Congress, when applicable, and by the State of Hawaii, when applicable. This includes any required modifications to the Hawaii State Constitution in accordance with the Hawaii Revised Statutes. Update: At his Advertiser blog, Jerry Burris posts about these 'Conversations' on the Akaka bill, and you can leave comments. Update 8/23: David M. Forman, immediate past chairman of the Hawai'i State Advisory Committee, has an op-ed in the Advertiser about the actions of the newly stacked committee. Posted at 05:59 AM Permalink Tue - August 21, 2007Civil rights committee Akaka bill hearings criticizedAdvertiser
article
and
Star-Bulletin
article
about the Hawaii Advisory Committee to the U.S. Civil Rights Commission hearings
on the Akaka bill, with criticism against the rushed hearings and the stacking
of the committee membership. Update:
KITV coverage.
"The commission's staff in Washington, D.C., had urged the Hawai'i advisory committee to schedule the public briefings, and had contacted expert panelists and set in motion the public notice requirements, before committee members had agreed." And despite the fact that "the commission has no plans to reconsider its opposition to a Native Hawaiian federal recognition bill before the bill is expected to come before Congress later this year." There is "a letter from the congressional delegation to the U.S. Civil Rights Commission, protesting the composition of the Hawaii committee," and describing the briefings as "highly irregular and counter-productive." While OHA's chair Apoliona says the federal commission is shaping the local committee "to further promote a biased agenda against the aboriginal, indigenous, native people of Hawaii by aiding and abetting litigants who seek to end native Hawaiian programs." Meanwhile, "Some Native Hawaiians who want more independence — and those who want the restoration of the Hawaiian kingdom — oppose the bill as capitulation." Public briefings are planned for tomorrow on Maui, Sept. 7 on Kaua'i, Sept. 10 on the Big Island and a newly scheduled Sept. 12 meeting on O'ahu. Here's the details on the Maui hearing: Date: Wednesday, August 22, 2007 Time: 3:00 to 7:00 p.m. Location: Science Building, Room 10A Maui Community College 310 Ka'ahumanu, Kahului, Hawaii To get on the list of testifiers ahead of time, call Angie Trevino, USCCR's Western Regional Office, (213) 894-3437 [TDY] 213-894-3435 or email atrevino@usccr.gov. Otherwise members of the public can sign in at the meeting and give testimony in chronological order. Written comments must be received by the Western Regional Office by September 1, 2007. The address is: U.S. Commission on Civil Rights Western Regional Office 300 North Los Angeles Street, Suite 2010 Los Angeles, CA 90012 Posted at 03:00 AM Permalink Sun - August 19, 2007Civil Rights committee hearing on Akaka billStar-Bulletin
article:
"The Hawaii advisory committee to the U.S.
Commission on Civil Rights will hold its first public hearing
tomorrow on the 'Akaka Bill' since new members, some of whom are critics of the
measure, were appointed to the board."
Some members of Hawaii's advisory committee to the U.S. Commission on Civil Rights are raising concerns about their first public hearing tomorrow to debate a bill to federally recognize native Hawaiians, claiming its scheduling was rushed and the agenda set without consultation. While the Advertiser has an editorial: It has taken decades for the U.S. Commission on Civil Rights to earn its well-respected legacy — and now the agenda of one administration threatens to topple that. The agency is being used by the government to advance conservative ideas about civil rights, including a rollback of affirmative action. That national drive is playing out this week in Hawai'i in hearings over the Native Hawaiian federal recognition legislation. Other public hearings are set for Wednesday on Maui, Sept. 7 on Kauai and Sept. 10 on the Big Island. The Advertiser also has excerpts of OHA Administrator Clyde Namu'o's session on The Hot Seat blog last week, in which he talks about the Akaka bill among other topics. And on his Haoles for Hawaiians blog, Lance Foster (who was formerly Director of Native Rights, Land and Culture at OHA) has a post on "The Question of the Akaka Bill" including these thoughts: OHA and its allies believe the Akaka Bill would protect Hawaiian institutions (like Kamehameha Schools), organizations (like Alu Like), and entitlements from legal challenges. Unfortunately OHA & Co. haven’t taken enough time to look behind the curtain as to why federal/state governments would be pro-Akaka Bill, despite all the legal opposition. (Hint: it has to do with land settlements, despite all the denials). And they haven’t seemed to absorb the history of the mixed blessing of what tribal recognition has done for(to) Native Americans. The Indian model has problems; I know, I'm an Indian. Legal challenges by anti-Indians and erosion of Indian rights and entitlements continue in Indian country despite protections that are much stronger than what the Akaka Bill would provide for Hawaiians. Update: At Poinography, Doug also looks at this issue, with some research into the Commission's meeting archives to find "a letter (PDF) to Congress asking that the terms for State Advisory Committee members be extended to four years (now that the ideological shift is taking hold … and the Bush administration is on the wane.)." And he looks at the national context of how these panels are being stacked from above politically instead of representing their communities—in the name of "diversity of opinion"—and makes this comparison: "Taken to it’s extreme, then, the argument moves to including segregationists to the civil rights panel in 1957." Posted at 09:56 AM Permalink Thu - August 16, 2007Is the Akaka Bill good for business?Hawaii
Business Spin
Zone: Apoliona vs. Conklin on the Akaka Bill and its effect on
business.
Posted at 02:04 PM Permalink Wed - August 15, 2007Hawai’i Advisory Committee of U.S. Commission on Civil Rights meeting on Akaka billThere will be a meeting of the Hawai’i
Advisory Committee of U.S. Commission on Civil Rights on Monday, August 20, 2007
at the State Capitol in Honolulu.
Date: Monday, August 20, 2007 Time: 1:00pm – 5:00pm Place: Hawai’i State Capitol Auditorium 415 S. Beretania Street Honolulu, Hawaii Purpose: TO HEAR FROM EXPERTS ABOUT THE AKAKA BILL AND HOLD OPEN SESSION FOR MEMBERS OF THE PUBLIC TO MAKE SHORT STATEMENTS Update 8/16: Advertiser article on the scheduled hearings. More info to make a verbal statement or submit written comments... Posted at 05:52 PM Permalink |
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