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 Mon - July 30, 2007Akaka bill may be stalled 'til year's endAdvertiser
reports
on the status of the Akaka bill, which "remains stalled on the road to floor
action in the Senate and House with little chance for a vote before the fall."
The article says, "The lawmakers are hopeful they'll get votes on the bill
before Congress adjourns for the year, but firm Republican opposition,
especially in the Senate, means it would require House and Senate leadership to
clear time in an already crowded legislative calendar." It can likely pass the
House, and may be able to overcome procedural hurdles (the threat of a
filibuster which requires 60 votes for cloture) in the senate, but Inouye is
saying they will only try to bring it to the floor if they know they have the
votes. (If you count the votes in favor of the bill last year and then factor in
the 2006 Democratic gains in the Senate, it could garner the required 60). But
even if does pass the senate late in the session, it would then face a possible
presidential veto, which could not be overridden. Bush has not directly
threatened to veto the bill, but the Department of Justice and the White House
have expressed strong opposition to it.
Update 7/31: Jerry Burris blogs. Corky has a cartoon. Update 8/2: Maui News has an editorial which says "The question is whether there are enough sympathetic votes to override a veto." Based on last year's vote and changes in the 2006 election, the answer to that is almost certainly No. The piece concludes saying it might be best "to wait until there is a better chance of getting the necessary votes. A more sympathetic administration and Congress could be elected next year. Having the measure voted down or vetoed would do more harm than waiting." From the perspective of a supporter, I'm not sure why it would do more harm, and no explanation is given for this assertion. The debate involved in passing the bill and then having it vetoed would raise awareness, and legislatively nothing would be lost compared to just waiting until a new president is in office. Posted at 07:37 AM Permalink Sun - July 29, 2007Akaka bill attitudes depend on wording of question; reasons for opposition varyThe addition of five Akaka bill opponents to the
Hawaii advisory committee to the U.S. Commission on Civil Rights has stirred
debate about what public sentiment actually is about the bill, with conflicting
polls being cited. The Star-Bulletin
has an editorial
looking at how the language used in two polls yielded very different results; an
op-ed
by Paul Sullivan, one of the new members; and five letters
on the topic. (BTW, I note that Garry Smith's letter claiming "A separate poll
by the Grassroot Institute of Hawaii had almost exactly the opposite results" of
the OHA poll earlier cited
by the S-B
which showed "68 percent of those surveyed
supported the Akaka Bill" continues the totally dishonest interpretation of the
GRIH poll results which I pointed out at the
time.)
There are also two related letters in the Advertiser, including this from Nancy Aleck providing some historical context: It is quite instructive to read U.S. Congressional records of the debate over the "annexation" of Hawai'i in the late 1800s. Legislative opposition to annexation was blatant in its racism. Today, such attitudes are almost never publicly expressed. They are often couched in such terms as "being color blind." Posted at 03:19 AM Permalink Sat - July 14, 2007Hawaii Civil Rights Commission stacked with opponents to Hawaiian programs, Akaka billAdvertiser
reports:
The U.S. Commission on Civil Rights yesterday filled vacancies on its Hawai'i advisory committee, choosing several outspoken activists against a Native Hawaiian federal recognition bill and potentially shifting the committee's ideological balance. Star-Bulletin also has the story. Update: Doug has a post on the topic, and a question about conflict of interest and potential recusals. I think it’s worth repeating what I was wondering previously: if any of the new committee members still have lawsuits pending that could be influenced by the status of the Akaka Bill , then would those members still be allowed to vote when the committee considers its position on the Akaka Bill? Aloha for All, according to its website, still is awaiting a decision on a case at the Ninth Circuit and, I would assume, intends to appeal to SCOTUS should they lose. Grassroot [sic] Institute of Hawaii is, so far as I know, still seeking plaintiffs with/for Mr. Rosen to challenge Kamehameha Schools’ admissions policy in a lawsuit that could be filed at any time. Update 7/17: Star-Bulletin editorial on how the commission no longer reflects sentiment among Hawaii's population. (Typically, they misuse the term "sovereignty" throughout. The Akaka bill and federal recognition is NOT sovereignty.) Posted at 09:42 AM Permalink Mon - June 11, 2007Live call-in show on Hawaiian recognition tomorrowThe Office of Hawaiian Affairs presents a live
call-in show
that discusses Hawaiian recognition.
Join host Brickwood Galuteria as he presents your questions to OHA Chairperson Haunani Apolonia, State Attorney General Mark Bennett and Patricia Zell, former senior counsel of the Senate committee on Indian Affairs. Tuesday, June 12 at 7 p.m. on KITV4 & streamed on thehawaiichannel.com Call-in live or email your questions to myquestion@nativehawaiians.com. Update 6/13: For those that missed it, OHA's Hawaiian Recognition show that aired last night can still be seen at thehawaiichannel.com. Posted at 12:45 PM Permalink Thu - May 31, 2007Video: Akaka Bill and The MediaPeter King produced this 10-minute video looking
at the Akaka Bill and how well informed Hawaii people are about it based on
media coverage, and also features Keanu Sai putting the bill in an
international context. "Before you can entertain the Akaka as a legal matter,
sovereignty must be involved. Where is the sovereignty of the United States?
Meaning, does the United States have sovereignty in
Hawaii?"
Peter is working on a 60-minute version as well. (Mahalo for the plug for this blog at the end.) Posted at 05:23 AM Permalink Thu - May 17, 2007Ten ways of looking at the Akaka BillIndian Country
Today has ten different perspectives
on the Akaka bill, including excepts of Congressional statements from nine Reps,
Senators and testifiers, and one interview.
Late update: Worth noting that one major perspective is not represented, and that is Hawaiians and their allies who oppose the bill and generally support independence. Those presented in ICT go to extents to minimize the sentiment, but It is not as small as they make it out to be. But they go out of their way to make sure it doesn't get heard. But it is ironic, they respond to fear that the bill could lead to "secession" (a misnomer) by minimizing that possibility, yet those who most desire the outcome are often opposed to the bill and see it as more of a obstacle to or distraction from that goal. You'd think the proponents of the bill could say "Look, there's all these people out here who actually want independence, and they're against this bill," as a way to garner support for it! If you fear independence (which I don't think you need to, but if you do), perhaps there is more to fear from the bill not passing, if you look at the positions of those who support it and those who don't. Posted at 09:18 PM Permalink Sun - May 13, 2007The Akaka Bill and presidential signing statementsMuch is been discussed about the possibility of a
Bush veto of the Akaka bill, including this
Advertiser
article
on Thursday and Jerry Burris' column
Friday, and Doug White's post highlighting
both. The
Advertiser
article
says:
If all Democrats and independents voted for the bill, plus Republicans who supported it in the past, supporters might be able to get 63 votes — enough to overcome Senate roadblocks. Those two vetoes may have “broken the ice” but the fact remains that Bush has vetoed only two bills in his entire presidency. I’m not sure if he has directly threatened to veto the Akaka bill, as opposed to DoJ saying they oppose it which isn’t quite as strong, but he has threatened to veto other bills before and then not followed through. So I would think his veto is still far from certain. What he’s done with many other bills, though, is issued "signing statements" that assert his interpretation of the legislation and sometimes flatly reject laws as unconstitutional. He executes the law according to his interpretation without outright vetoing it. (Many argue that his signing statements themselves are unconstitutional, but whether they are or not hasn't stopped him from using them so far.) So I would think that outcome is also a distinct possibility. His frequent use of signing statements is a widely discussed issue in the media and on political blogs I read, so I’m sort of surprised that it seems no one in the media or legal/political arena here has examined this possibility, and what it would mean for the implementation of the bill if the administration didn't veto it, but instead just issued a signing statement consistent with the DoJ's opposition to the bill, interpreting it as unconstitutional. The Department of Interior plays a key role in the whole process, from setting up a new Office of Native Hawaiian Relations, to appointing the members of the Commission that compiles the Native Hawaiian roll. The bill also contains provisions for the creation of the "Native Hawaiian Interagency Coordinating Group" which "shall be composed of officials, to be designated by the President..." If the president issues a signing statement effectively declaring the bill unconstitutional and refuses to implement the provisions of the bill, then the whole process cannot move forward at all, at least as long as Bush is still in office. Whether this is seen a bad thing or a good thing depends, of course, on one's point of view regarding the bill itself. Posted at 07:26 AM Permalink Thu - May 10, 2007Senate Committee approves Akaka, NH housing billsAdvertiser
reports
that the Senate Indian Affairs Committee approved the Akaka bill today, as well
as a bill to reauthorize federal housing programs for Native Hawaiians. "Sen.
Daniel K. Inouye, D-Hawai'i, said he did not expect the Native Hawaiian
government bill to reach the Senate floor until after
May."
Advertiser also has a story that "Gov. Linda Lingle said yesterday she will continue to lobby support from Republican lawmakers and talk with the White House about the hard line it has taken against the Akaka bill." The articles gives a general rundown on the status of the bill and its chances for passage and a presidential veto. Update: Star-Bulletin also reports on the bill's senate committee passage. Also received this via email: FORWARDING MESSAGE FROM J. KEHAULANI KAUANUI - "I will be a guest on the radio show, Native America Calling, next Wednesday May 16th from 1-2pm EST. The show can be heard online live stream: http://www.nativeamericacalling.com/ I will be addressing the problems with the Akaka bill and speaking out in support of full self-determination under international law. http://www.indiancountry.com/content.cfm?id=1096414877 In addition, I will use the slot for my own radio program "Indigenous Politics: From Native New England and Beyond" next week (Friday from 4-5pm EST) to focus on the Akaka bill as well. Folks can also listen live online: www.wesufm.org" Update 5/11: Here's today's Advertiser article and Star-Bulletin AP article that actually appear in the print versions (the links above were breaking stories posted to their websites). Later update: Here's the press release from Sen. Akaka's office. Posted at 08:46 AM Permalink Wed - May 9, 2007Senate Indian Affairs Committee may vote tomorrowStar-Bulletin
reports
that "The Senate Indian Affairs Committee may vote tomorrow on the Akaka bill,
which would provide self-governance rights for native Hawaiians."
Regarding the second half of that sentence, actually not. The bill would provide a process, controlled by the Department of Interior, by which native Hawaiians who sign up for a roll might eventually propose a limited form of self-government, subject to approval by the Department of Interior (and probably Hawaii voters in a constitutional convention). The bill does not itself provide political recognition of native Hawaiians or their self-governance rights, it simply sets up a process controlled by Interior that might eventually lead to a limited version of such. Just to be clear. Posted at 08:49 AM Permalink Fri - May 4, 2007Admin, Senate Committee openly discuss Hawaii's independenceAdvertiser
reports
on the Senate Indian Affairs Committee hearing on the Akaka bill, noting that
"the Bush administration 'strongly opposes'" the bill. It mentions the views of
those who were invited to testify, then
concludes:
But outside the committee room, Ikaika Hussey, a representative of Hui Pu, an umbrella group of Native Hawaiians opposed to the bill, was buttonholing people to protest the group's not being invited to participate in the hearing and the lack of public hearings on the bill in Hawai'i. The Star-Bulletin article notes that the Bush admin is warning that the bill could lead to secession (which is a misnomer anyway - no cession = no secession). But the administration is openly acknowledging the possibility of Hawaii's independence. While testifier Bill Meheula points out that those who support independence don't support the bill. Generally true, but it isn't quite that simple—I know folks who have been working for independence for years who do support the bill, but I also know many who oppose it. Meheula also characterizes the supporters of independence as "a loud, small minority." William Burgess, in his testimony against the bill, isn't so sure: "And there’s many people in Hawaii -- I agree with Bill Meheula that it’s probably a minority, I hope so -- but they have expressed a desire for independence." He's right, many people in Hawaii have expressed a desire for independence, and while it is probably a minority, it is a large enough number that he can't be sure it is a minority. (I am quite confident that the minority who agree with Burgess' positions in opposition to the bill and want to destroy all Hawaiian institutions is a lot smaller than those who want independence, but no representative of those who oppose the bill from that perspective, like Hussey, were invited to testify.) And in a Democracy Now interview (you can read or listen to), Sen. Akaka discusses the bill, saying "there’s no way, I feel, that we'll be coming forth with asking for secession or independence using this bill," but also not denying the desire for independence among many of Hawaii's people. Star-Bulletin also has an editorial. Posted at 07:39 AM Permalink Thu - May 3, 2007Akaka bill passed out of House natural resources committeeAdvertiser
is reporting
that "The House Natural Resources Committee approved the Akaka bill yesterday on
a voice vote" with no amendments, and says, "The next step is for the House
leadership to schedule a floor vote on the bill," and that "The bill may not
find such smooth sailing on the House floor as it did in
committee."
The Star-Bulletin article notes that "opponents continue to criticize the bill, saying it does not represent the views of native Hawaiians and that it will only weaken their rights." Meanwhile, Members of the Senate Indian Affairs Committee are hearing (or have heard) the bill today. Scheduled to testify were state Attorney General Mark Bennett; Micah Kane, chairman of the Hawaiian Homes Commission; Haunani Apoliona, Office of Hawaiian Affairs chairwoman; and H. William Burgess, spokesman for the nonprofit organization Aloha for All. Note that while Hussey is in D.C. to lobby against the bill, he has not been invited to testify. No Hawaiians against the bill have been invited to testify. Posted at 07:29 AM Permalink Mon - April 30, 2007Akaka bill editorials; House committee may vote WednesdayYesterday the
Advertiser
had an editorial
on the Akaka bill, saying "No other piece of legislation has greater potential
to change the political and social landscape in Hawai'i." But today the
Star-Bulletin
has its editorial
warning of the likelihood of a presidential
veto.
As the Advertiser notes: Written testimony on S. 310 can be submitted: By e-mail to testimony@indian.senate.gov (the subject line should read: "Hearing 5/3/07 on S.310, Testimony"). By fax to the Senate Select Committee on Indian Affairs at (202) 228-5829. Update 5/1: Advertiser article: "The House Natural Resources Committee may vote Wednesday on a bill creating a process for a future Native Hawaiian government to gain federal recognition." Posted at 08:53 AM Permalink Voice of Truth and the Free Hawaii Broadcasting NetworkVoices of Truth
series schedule
this week features Andre Perez, Sabra Kauka and Marie
Beltran:
“A Journey Of Occupation – A Visit With Andre Perez” Hawai`i Island – Na Leo, Channel 53 MONDAY, April 30th At 7:00 PM FRIDAY, May 4th At 5:30 PM “Carrier Of The Culture – A Visit With Sabra Kauka” Maui – Akaku, Channel 53 TUESDAY, May 1st At 6:30 PM WEDNESDAY, May 2nd At 6:30 AM O`ahu - ‘Olelo, Channel 53 SATURDAY, May 5th At 8:00 PM “Life On The Beach – A Visit With Marie Beltran” Kaua`i – Ho`ike, Channel 52 THURSDAY, May 3rd At 8:30 PM FRIDAY, May 4th At 8:30 AM Also, on the The Free Hawai`i Broadcasting Network: Currently, the Koani Foundation is focusing on why [the Akaka bill] would be such a disaster for the people of Hawai`i in our weekly video commentaries on www.FreeHawaiiTV.com a part of the Free Hawai`i Broadcasting Network. Posted at 07:49 AM Permalink Fri - April 27, 2007Akaka bill hearing - opponents to testify for first time, but what about Hawaiians?The dailies finally noticed the Akaka Bill hearing scheduled for
May 3 in the Senate Indian Affairs Committee, with an
Advertiser
article
and a
Star-Bulletin
notice.
The Advertiser mentions that "H. William Burgess, a spokesman for the nonprofit group Aloha For All, which opposes the bill, said he has accepted an invitation to testify." Burgess notes that "no opponents of the Akaka bill ... have ever been invited to testify before," which makes one wonder what it would take for a representative of those many Hawaiians who oppose the bill for completely different reason and who have been outspoken against it, like Hui Pu, to get an invitation to testify. Meanwhile, I am told that all members of the Senate, including the Indian Affairs Committee, got this notice from the Kingdom of Hawaii, and their proposed alternative version of the bill: IPGC_Response.pdf Kingdom's S. 310.pdf Posted at 08:27 AM Permalink Mon - April 23, 2007Akaka Bill hearing in Committee on Indian AffairsThe Senate Select Committee on Indian Affairs
will hold a hearing
on the Akaka bill Thursday May 3, starting 9:30 a.m. Eastern time (3:30 a.m.
Hawaii time). This announcement has been posted for at least two days on the
Senate website, but in an obscure
place.
Nothing in the news. Don't yet know, or they're cooperating with OHA for a possible announcement on Tuesday night on the KITV Kau Inoa infomercial (7-8 PM)? Testimony can be submitted by e-mail to: testimony@indian.senate.gov Be sure to put in the subject line: "Hearing 5/3/07 on S.310, Testimony" Testimony can also be faxed to the Senate Committee on Indian Affairs at (202) 228-5829. Two years ago, in February 2005, the hearing was broadcast live over the Internet; presumably that will be done again, although no information has yet been posted. Last time there was a link on the Indian Affairs Committee website which went live moments before the hearing began. Note that the Senate webpage containing the hearing announcement also says that transcripts for the past several years of hearings are available. Update 4/25: KGMB 9 has a notice. Posted at 09:02 PM Permalink Sat - April 21, 2007A Hawaiian embassy in Washington, D.C.?Indian Country
Today covers
J. Kehaulani Kauanui's talk on "The Politics of Native Hawaiian
Self-Determination: U.S. Federal Policy v. International law" at Yale University
on April 4. Kauanui looks at the distinct legal and political history of
Hawaiians from Native American tribes, and raises many questions about federal
recognition and the Akaka bill, and all the things it would not allow. Here's
the
conclusion: Supporters of federal recognition say there is nothing in the Akaka Bill that would compromise or foreclose Hawaiian national claims under international law, but U.S. actions in asserting its plenary power to keep tribal nations both domestic and dependent belie that claim, Kauanui said. |