Monday, September 05, 2005

Unraveling America

UPDATE: The bill seems to be tabled.

This is unbelievable.

Frank J. Gaffney Jr., president of the Center for Security Policy, writes in the Washington Times:
The U.S. Senate is scheduled tomorrow to decide whether to clear the way for the most odious, anti-American piece of legislation in memory: S. 147, the "Native Hawaiian Government Reorganization Act." Incredibly, as of now, more than 61 senators are expected to vote to begin a process that would ineluctably unravel the United States as a nation.
This legislation would first define a purely racially-based tribe:
The result is a clearly unconstitutional effort to legislatively manufacture a new "tribe" out of one of the most heterogenous and fully assimilated populations in America.
This tribe would then
be given the right to govern themselves as they see fit. This could involve creating a new Hawaiian monarchy and perhaps lead to the islands' secession from the Union.
A monarchy?

A voting system based on race?

In the United States of America?

Gleefully supported by a majority of Senators?

It gets worse:
Absent from this definition are any characteristics previously required for a Native American tribe to be recognized as such. For example, a "Native Hawaiian" need not demonstrate: residency in Hawaii (either currently or at any time in the past), ties to a particular traditional culture or language, or any documented involvement or interest in Hawaiian, much less Native Hawaiian, community or political affairs. This is not an accident. The law could not establish such conditions because it would be difficult to constitute a tribe if they applied.
Instead, it uses a purely race-based formula that sounds like laws straight out of Nazi Germany.

This was tried before.
As it happens, in 2000, the U.S. Supreme Court struck down an earlier effort by Hawaii to create a state-sanctioned, race-based entity composed solely of Native Hawaiians (defined in a manner similar to S. 147). The court -- citing the Constitution's 15th Amendment, which forbids discrimination in voting based on race -- ruled such a race-based government in Hawaii was unconstitutional.
The consequences are grim:
Should senators violate their oath of office -- which obliges them to "support and defend the Constitution" -- by enacting S. 147, they will invite an even greater problem down the road. Other self-designating communities can be expected to demand recognition of their rights to have their own government and sovereign laws. These might include Chicanos, Cajuns, Amish and Puerto Ricans.
Or, of course, for Islamists desiring special recognition for sharia law.

This is where "if it feels good, do it" has gotten us.

Could this just be scaremongering? Here is the summary of the legislation straight off the U.S. Senate's legislative webpage:
Native Hawaiian Government Reorganization Act of 2005 - Establishes the U.S. Office for Native Hawaiian Relations within the Office of the Secretary of the Interior.

Establishes the Native Hawaiian Interagency Coordinating Group.

Recognizes the right of the Native Hawaiian people to reorganize the Native Hawaiian governing entity to provide for their common welfare and to adopt appropriate organic governing documents.

Establishes a Commission to: (1) prepare and maintain a roll of the adult members of the Native Hawaiian community who elect to participate in such reorganization; and (2) certify that the adult members of the Native Hawaiian community proposed for inclusion on the roll meet the definition of Native Hawaiian.

Outlines the process for the reorganization, which includes forming a Native Hawaiian Governing Council.

Reaffirms the political and legal relationship between the United States and the Native Hawaiian governing entity upon certification required by the Secretary regarding the organic governing documents and the election of the entity's officers. Extends Federal recognition to the governing entity as the representative governing body of the Native Hawaiian people.

Authorizes the United States, upon the reaffirmation of such political and legal relationship, to enter into negotiations with the governing entity to lead to an agreement addressing specified matters, including the transfer of lands, natural resources, and other assets, and the protection of existing rights related to such lands or resources.
The text of the legislation contains things like:
4) Native Hawaiians have--

(A) an inherent right to autonomy in their internal affairs;

(B) an inherent right of self-determination and self-governance;

(C) the right to reorganize a Native Hawaiian governing entity; and
Inherent right to autonomy? Now wait a minute, why can't they just be Americans?

Thanks, multiculturalists and "diversity" advocates.

And this is why those "feel good apology" resolutions should never, ever get passed, as one is being used as the justification for this absurdity:
12) on November 23, 1993, Public Law 103-150 (107 Stat. 1510) (commonly known as the `Apology Resolution') was enacted into law, extending an apology on behalf of the United States to the native people of Hawaii for the United States' role in the overthrow of the Kingdom of Hawaii;

(13) the Apology Resolution acknowledges that the overthrow of the Kingdom of Hawaii occurred with the active participation of agents and citizens of the United States and further acknowledges that the Native Hawaiian people never directly relinquished to the United States their claims to their inherent sovereignty as a people over their national lands, either through the Kingdom of Hawaii or through a plebiscite or referendum;
Gosh, I guess that whole "statehood" thing didn't really matter, did it.

I don't apologize for overthrowing their wretched monarchy; I'm proud of it!

And so should everyone be who believes in republican government -- which, according to the Constitution, Article IV, Section 4,
The United States shall guarantee to every State in the Union a republican form of government...
Except, apparently, for some pigs who are more equal than others.

Normally it's the Senate that stops the stupid populist moves from the House (like anti flag-burning amendments). Let's hope the House saves us from this elitist madness.

Or maybe we can not just "hope", and let our government know how we feel about S.147 and H.R. 309...


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