Congress has no power to recognize Hawaiians
John Goemans, the attorney behind many of the
lawsuits attacking Hawaiians, writes a
letter
in the
Star-Bulletin,
in which he argues that nowhere in the U.S. Constitution "is either branch
granted the power to recognize the 'autonomy' or 'sovereignty' of any segment of
our nation based on its racial or ethnic composition (Congress does recognize
Indian tribes pursuant to the 'Indian Commerce Clause' contained in Article I,
Section 8 -- no rational claim can be made that persons of Hawaiian ancestry or
any group thereof fit within accepted definitions of a
tribe)."
Although in strong disagreement with him over many issues, I happen to agree with him here, on a narrow point. Hawaiians are not tribes, and are not in the same category is Indian tribes, and should not be recognized as such.
However, it is Hawaiians' status as nationals of a country with several treaties of "perpetual peace and amity" and which the United States is illegally occupying that makes the Constitution relevant, in actuality through Article VI, Section 2; "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land."
And in a letter yesterday, Michael Locey writes that "Since 1898, U.S. authorities, including Hawaiians, have not been able to invent a legal reality for Hawaii. Such efforts, complete with legal smoke-and-mirrors, is the legacy of the current system."
Although in strong disagreement with him over many issues, I happen to agree with him here, on a narrow point. Hawaiians are not tribes, and are not in the same category is Indian tribes, and should not be recognized as such.
However, it is Hawaiians' status as nationals of a country with several treaties of "perpetual peace and amity" and which the United States is illegally occupying that makes the Constitution relevant, in actuality through Article VI, Section 2; "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land."
And in a letter yesterday, Michael Locey writes that "Since 1898, U.S. authorities, including Hawaiians, have not been able to invent a legal reality for Hawaii. Such efforts, complete with legal smoke-and-mirrors, is the legacy of the current system."
Posted: Sun - March 28, 2004 at 10:24 AM
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