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This Obama Administration Proposal Would Effectively Authorize Some Americans Seceding
Daily Signal ^ | August 26, 2014 | Hans von Spakovsky

Posted on 08/26/2014 11:22:16 AM PDT by NYer

In its latest assault on the U.S. Constitution, the Obama administration is proposing to recognize so-called “Native” Hawaiians as an Indian tribe entitled to separate and become an independent sovereign and to “reestablish” a “government-to-government relationship between the United State and the Native Hawaiian community.”

Such an unconstitutional action would amount to authorizing secession for certain residents of Hawaii.

It would also implicitly authorize government-sanctioned, discriminatory conduct against any other residents who don’t meet the explicit ancestry and blood-quantum requirements to be considered a “Native.” This would balkanize Hawaii, dividing the islands into separate racial and ethnic enclaves, and undo “the political bargain through which Hawaii secured its admission into the Union.”

>>> Legal Memorandum: The Obama Administration’s Attempt to Balkanize Hawaii

At the end of June, the Department of the Interior issued an “Advanced Notice of Proposed Rulemaking” that set out the administration’s plan, with the opportunity for the public to file comments ending on August 19. No doubt to its chagrin, the administration encountered strong opposition at a series of hearings the Interior Department held in Hawaii in June and July, with one official from the state Office of Hawaiian Affairs being loudly booed when she declared her support for the plan.

From a constitutional standpoint, the administration has no legal authority to implement its proposal. Only Congress, not the president, has the authority to recognize Indian tribes under Article I, Section 8. Congress has specifically refused to provide that authority. For more than a decade, former U.S. Sen. Daniel Inouye, D-Hawaii, and Sen. Daniel Akaka, D-Hawaii, tried unsuccessfully to convince Congress to pass the Native Hawaiian Recognition Act, which would have provided such recognition.

In fact, as recently as a year ago, the head of Indian Affairs at the Interior Department, Assistant Secretary Kevin K. Washburn, told a House subcommittee that the administration did not “have the authority to recognize Native Hawaiians.” Washburn told the subcommittee that “we would need legislation to be able to proceed down that road.” Yet, suddenly, the administration is proceeding down the very road that it admitted it lacks the authority to travel.

Hawaii’s own former attorney general, Michael Lilly, says that any effort to recognize Hawaiians as an Indian tribe is unconstitutional, because so-called Native Hawaiians don’t meet any of the political requirements necessary for such recognition. Hawaii went from being an independent kingdom to a territory to a state and four commissioners from the U.S. Commission on Civil Rights have told President Obama that neither Congress nor the president can “reconstitute a tribe or other sovereign entity that has ceased to exist as a polity in the past.” In other words, there is no Native Hawaiian government with which the administration can establish a government-to-government relationship because “it is an extinguished government, and therefore, no government at all.”

The Hawaiian state government already provides special benefits to Native Hawaiians, who are defined as “any descendant of not less than one-half part of the blood of races inhabiting the Hawaiian Islands previous to 1778.” As one commissioner has commented, this definition is similar to “the odious ‘one drop rule’ contained in the racial-segregation codes of the 19th and early 20th centuries.” The U.S. Supreme Court has called such ancestry definitions a proxy for race and held that they are discriminatory and a violation of the Fifteenth Amendment. In the past, the U.S. Justice Department has consistently taken the same position.

At worst, the Obama administration’s proposal is unconstitutional, and as a number of U.S. senators have told the administration, it is “at best offensive to the character of a country devoted to the advancement of all its citizens regardless of race.” The proposed rulemaking should be withdrawn and rescinded and the administration should stop engaging in unconstitutional behavior that is outside of its authority.


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; US: Hawaii
KEYWORDS: 2008electionbias; americaindecline; antiamericanism; doublestandard; hawaii; hawaiinatives; hi; hypocrite; obama; obamaforeignpolicy; obamalegacy; obamascandals

1 posted on 08/26/2014 11:22:16 AM PDT by NYer
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To: NYer

I was born here - does that make me a native American?


2 posted on 08/26/2014 11:23:39 AM PDT by Veggie Todd (The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. TJ)
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To: NYer

Perhaps this is doable if you give them the entire state, and give up the 2 Democrat Senators at the same time.


3 posted on 08/26/2014 11:26:34 AM PDT by Ingtar (The NSA - "We're the only part of government who actually listens to the people.")
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To: NYer

This is about getting casino gambling into Hawaii, that’s all.


4 posted on 08/26/2014 11:28:14 AM PDT by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius (170 BC - 86 BC))
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To: NYer

Trust me ; any attempts to form a Hawaiian take-over nation here will be most strongly resisted by the true American residents , haole and local , who make up the super majority . As in most cases , the sovereigntyists are made of a mouthy super minority , so most people are not worried . However , that said , some are getting ready for any expediency also .


5 posted on 08/26/2014 11:28:42 AM PDT by LeoWindhorse
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To: NYer

China would love to take Hawaii.


6 posted on 08/26/2014 11:29:04 AM PDT by Vince Ferrer
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To: NYer

it is also racist


7 posted on 08/26/2014 11:32:47 AM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: Vince Ferrer

Humm, if those “born” there become an separate nation, would that remove him from office immediately. If so, I support it.


8 posted on 08/26/2014 11:32:52 AM PDT by Mouton (The insurrection laws perpetuate what we have for a government now.)
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To: NYer

Excellent article by von Spakovsky.

Another example where 0bama thinks he doan need no stinkin Congress.

This type article is the best way to stop 0bama’s unconstitutional antics, shine light on them.


9 posted on 08/26/2014 11:33:57 AM PDT by jazusamo (Sometimes I think that this is an era when sanity has become controversial: Thomas Sowell)
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To: Menehune56
This is about getting casino gambling into Hawaii, that’s all.

"Follow the money."

10 posted on 08/26/2014 11:34:53 AM PDT by E. Pluribus Unum ("The man who damns money obtained it dishonorably; the man who respects it earned it." --Ayn Rand)
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To: Vince Ferrer

[ China would love to take Hawaii. ]

I wish china would instead take a large chunk of the middle east.... They cetainly would have the stomach to deal with the savages that live there....

(sarcastic)


11 posted on 08/26/2014 11:36:18 AM PDT by GraceG (No, My Initials are not A.B.)
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To: Menehune56
This is about getting casino gambling into Hawaii, that’s all.

Or, a certain birth certificate?

12 posted on 08/26/2014 11:36:56 AM PDT by outofsalt
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To: Ingtar

Perhaps this is doable if you give them the entire state, and give up the 2 Democrat Senators at the same time.

Hmmm....

Maybe make Jefferson in Nothern California it’s own state at the same time and no need to change the flag...


13 posted on 08/26/2014 11:37:24 AM PDT by GraceG (No, My Initials are not A.B.)
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To: Veggie Todd

* I was born here - does that make me a native American? *

That was my question too.

We go back to at least the 1700’s, evidence for my family might even go back to the 1600’s. 1700’s on the other side.

Surely, I should be granted special status.

Let’s say anyone who was born here and their families have been here for 100 years legally get to make our own nation so that we don’t have to follow the absurd unconstitutional rules made up since early 2009.

I AM A NATIVE AMERICAN!

Millions of us are. Let’s have our own country and the Dems and the illegals can have the worst parts of the inner cities for their country. Sounds fair to me.


14 posted on 08/26/2014 11:37:41 AM PDT by PATRIOT1876
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To: NYer
I LOVE IT!

Let's lose Hawaii outright. Two less Democrat Senators and fewer Democrat Congresspeople.

Hell, lets work on California and New York, too!

15 posted on 08/26/2014 11:39:18 AM PDT by Lazamataz (First we beat the Soviet Union. Then we became them.)
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To: NYer

Any progress on original peoples recognition for the White Guys That Like Freedom tribe?


16 posted on 08/26/2014 11:43:24 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Veggie Todd
I was born here - does that make me a native American?

You and Obama who was also born (sic) in Hawaii ;-)

17 posted on 08/26/2014 11:43:47 AM PDT by NYer ("You are a puff of smoke that appears briefly and then disappears." James 4:14)
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To: PATRIOT1876

Same here. I’m officially seceding. Welcome to Thorneland!


18 posted on 08/26/2014 11:46:35 AM PDT by Dr. Thorne ("Don't be afraid. Just believe." - Mark 5:36)
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To: PATRIOT1876
I AM A NATIVE AMERICAN!

I am going to say that when someone with a clipboard asks me my nationality or race.

19 posted on 08/26/2014 11:53:18 AM PDT by Slyfox (Satan's goal is to rub out the image of God he sees in the face of every human.)
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To: NYer

What about the native Texans? And the Cajuns? Let’s give them back their ancestral lands. Of course it means the US loses a lot of its oil wealth...


20 posted on 08/26/2014 11:55:09 AM PDT by Bogey78O (We had a good run. Coulda been great still.)
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To: Veggie Todd
I was born here - does that make me a native American?

It makes you a native American, but not a Native American. /S

Isn't it funny that, in the supposed service of eliminating advantages held by one segment of society over another (e.g., "white privilege"), Obama and crew want to introduce or strengthen a host of new privileges? Aboriginal Hawaiian preferences would be one; racial/gender/who-knows-what-gender preferences are another; and there's always the old standby, affirmative action. Then there's union privileges -- it's almost impossible to fire a government employee for incompetence or malfeasance; usually they get retired with a great pension. The ultimate end game of all of this is racial and government privilege--are you part of a favored group.

This is a degenerate approach compared with equality before the law. Here we have inequality being written into the law.

21 posted on 08/26/2014 11:57:49 AM PDT by Pearls Before Swine
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To: Pearls Before Swine

In the 1800 s the new census takers did not separate those who were part Native American from those who were part black, so all were Mulatto s.


22 posted on 08/26/2014 12:04:12 PM PDT by Kackikat
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To: NYer

Perhaps Hawaii should be encouraged to secede. And Texas also.


23 posted on 08/26/2014 12:05:30 PM PDT by Savage Beast (Hubris and denial overwhelm Western Civilization. Nemesis and tragedy always follow.)
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Click The Pic To Donate

Support FR, Donate Monthly If You Can

24 posted on 08/26/2014 12:08:30 PM PDT by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: NYer

They get one island,, not the Big iSland or oahu, the Japanese would be upset.


25 posted on 08/26/2014 12:27:46 PM PDT by NormsRevenge (Semper Fi - Revolution is a'brewin!!!)
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To: NYer

Send those Hawaiians to the reservations in Montana and see what they’re asking for.

“Eat yer government cheese and quit yer complaining.”


26 posted on 08/26/2014 12:31:29 PM PDT by blueunicorn6 ("A crack shot and a good dancer")
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To: Menehune56
This is about getting casino gambling into Hawaii, that’s all.

You are 1/2 right, the other half is so "the tribes" can also legalize pot since the State is so full of stoners now.

Think about it, it becomes the ultimate sin city destination, Gambling, Pot, Beaches, and could Hooker Legalization be not too far behind as well...

27 posted on 08/26/2014 12:36:25 PM PDT by taildragger (Not my Circus, Not my Monkey ( Boy does that apply to DC...))
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To: Vince Ferrer

I’d gladly give it to them considering how ungrateful most “native” Hawaiian’s are for America.

They really think they’d be independent without our imperialism? If not us, then Japan, Russia, China.....same result.


28 posted on 08/26/2014 12:41:31 PM PDT by Roman_War_Criminal (Bible Summary in a few verses: John 14:6, John 6:29, Romans 10:9-10)
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To: Roman_War_Criminal

Heap Big Banana seems to prefer “tribes” ruled by hereditary “chiefs” to nations led by politicians elected by their citizens...


29 posted on 08/26/2014 12:55:24 PM PDT by pfony1 (Add just 6 GOP Senators and we "bury" Harry)
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To: NYer

Oh Man: The guy in that picture’s got AIDS.


30 posted on 08/26/2014 2:05:08 PM PDT by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: NYer

He wants to break the country apart.


31 posted on 08/26/2014 2:12:01 PM PDT by 1010RD (First, Do No Harm)
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To: NYer

Well, there goes “Pearl”!!


32 posted on 08/26/2014 2:19:10 PM PDT by Terry L Smith
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To: NYer
For more than a decade, former U.S. Sen. Daniel Inouye, D-Hawaii, and Sen. Daniel Akaka, D-Hawaii, tried unsuccessfully to convince Congress to pass the Native Hawaiian Recognition Act, which would have provided such recognition.

I always figured they were both Japanese-Americans, but Akaka is actually part native Hawaiian and part Chinese.

No clue as to why Inouye would support a bill that could mean a major loss of influence for his own ethnic group.

33 posted on 08/26/2014 2:28:49 PM PDT by x
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To: NYer

Why not just let each citizen opt in to either the Red States of America or the Blue States of America, kind of like we do when we choose electricity providers.


34 posted on 08/26/2014 3:01:14 PM PDT by foxfield (Support the Tea Party. The Tea Party supports you.)
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To: NYer

Hawaii is a state where racism is not only tolerated but actively encouraged. There is a political class there that runs on Hawaiian superiority and they are very powerful.


35 posted on 08/26/2014 4:05:52 PM PDT by Organic Panic
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To: PATRIOT1876

Yeah, my group goes back 15,000 years or so plus we got inbred/outbred about 1609 with an English guy. That should make me native American. I’m just in favor of seceding the Grand Kenyan and sending his scrawny ass back where he belongs——with his phony paperwork.


36 posted on 08/26/2014 5:07:58 PM PDT by cherokee1 (skip the names---just kick the buttz)
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To: Roman_War_Criminal

I’d gladly give it to them considering how ungrateful most “native” Hawaiian’s are for America.
********************************************
Agree! We were there on vacation for 10 days in 1989. Spent a couple of days on Oahu and the rest on Maui.

I found the “natives” to be the most rude of any other place I’ve vacationed. They just want the tourist dollars. Sorta like Colorado in ski season.


37 posted on 08/26/2014 7:18:49 PM PDT by octex
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To: NYer; GeronL

Barack Obama has long been for Hawaiian secession.

Recall the election blowback that Sarah Palin got because of her husband’s supposed involvement with a similar movement in Alaska?

FUMSM


38 posted on 08/27/2014 4:33:08 AM PDT by a fool in paradise (ISIS has started up a slave trade in Iraq. Mission accomplshed, Barack, Mission accomplished.)
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To: octex

Montana (Bozeman area) has better snow and much nicer folks then Colorado.

Give it a try your next skiing adventure - and take in Yellowstone national Park in the winter.

Hard to beat!

Tips up!


39 posted on 08/27/2014 5:21:21 AM PDT by BBB333 (Q: Which is grammatically correct? Joe Biden IS or Joe Biden ARE an idiot?)
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To: Vince Ferrer

Trade Hawaii for 2 trillion in debt and lose 2 Dem senators...? Might be a bargain!


40 posted on 08/27/2014 5:29:40 AM PDT by mdmathis6
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To: Veggie Todd

I irritate the wife (part Apache) by telling her that I can trace my ancestors back to 1720’s, that makes me as “Native” as anyone.


41 posted on 08/27/2014 6:07:55 AM PDT by Resolute Conservative
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To: Resolute Conservative
I irritate the wife (part Apache) by telling her that I can trace my ancestors back to 1720’s, that makes me as “Native” as anyone.

I got you beat. This is my furthest back "Immigrant Ancestor"
James Davis
http://en.wikipedia.org/wiki/James_Davis_%28mariner%29
I can certainly call myself Native...
But I am also 1/64 Cherokee
42 posted on 08/28/2014 12:07:40 AM PDT by BigEdLB (Now there ARE 1,000,000 regret.s - but it may be too late.)
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To: BigEdLB
But I am also 1/64 Cherokee

Welcome to Harvard Law.

43 posted on 08/31/2014 3:04:23 AM PDT by Kenny Bunk (Only a specific GOP Program, Plan, and Leadership will end the chaos of dysfunctional government.)
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To: Lazamataz
Hey! You used less and fewer correctly... Well have none of that around here, sir.
44 posted on 08/31/2014 4:40:04 AM PDT by metesky (My investment program is holding steady @ $0.05 cents a can.)
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To: BigEdLB

I’m 1/8th (Lenape?), 1/4 French (>100 years here), and the rest mixed who migrated over 300 years ago. Does that make me Native American, native American, or something else.

Some of my ancestors where part of the original William Penn migrants, do I get a chunk of Pennsylvania? I think I might deserve it since the King bequeathed it, and I have native blood from that region.


45 posted on 08/31/2014 4:53:35 AM PDT by Woodman
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To: metesky

I’m sorry. I shall not transgress any further.


46 posted on 08/31/2014 4:58:24 AM PDT by Lazamataz (First we beat the Soviet Union. Then we became them.)
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