Thursday, November 21, 2024
Hawai'i Free Press

Current Articles | Archives

Wednesday, August 6, 2014
US Senators: DOI Effort to Create Fake Hawaiian Tribe is “Unlawful”
By Grassroot Institute @ 10:14 PM :: 6049 Views :: Akaka Bill, OHA

U.S. Senators Criticize DOI Effort to Recognize a Native Hawaiian Government

Letter to DOI Secretary Jewell questions legality, constitutionality of the ANPRM

News Release from Grassroot Institute August 6, 2014

HONOLULU, Hawaii—August 6, 2014—A group of U.S. Senators has sent a letter to the Secretary of the Department of the Interior (DOI), criticizing the recent Advanced Notice of Proposed Rulemaking (ANPRM) that explored the creation of a government-to-government relationship with the Native Hawaiian community.

The letter, signed by Senators Jeff Flake (R-AZ), Lamar Alexander (R-TN), Tom Coburn (R-OK), and Mike Lee (R-UT), objects strongly to the Department's ANPRM on legal as well as prudential grounds. In the letter, the Senators reiterate the concerns about the constitutionality of a race-based government. They then go on to question the DOI's authority to act in this matter and raise the issue of whether this is more properly the domain of the Congress:

"Even if you disagree that the reestablishment of a Native Hawaiian Government would be patently unconstitutional, Congress has not enacted legislation authorizing the Department of the Interior ("the Department") to engage in such a rulemaking. In fact, Congress has repeatedly refused to adopt legislation that would recognize a Native Hawaiian government or reestablish an administrative path for doing so. As such, any unilateral efforts by the Department to move forward administratively are unlawful."

The letter even notes that the ANPRM represents a reversal of previous Department policy, which recognized the need for legislation before the DOI could move forward in recognizing a Native Hawaiian government.

The Senators conclude by naming several "prudential" objections to the Department's actions, noting the unfairness in changing the rules of recognition for one group while others have struggled for years to be recognized under the stricter standard. They also raise the question of whether this would establish a bad precedent, wherein other similarly situated groups (e.g. the Amish) would also be able to seek special privileges.

"This is just the tip of the iceberg," stated Keli'i Akina, Ph.D., President of the Grassroot Institute of Hawaii. "The letter from Senators Flake, Alexander, Coburn and Lee should be considered a warning to the Department of the Interior that this effort to overstep their authority has been noted. Regardless of politics, the different branches of government have never tolerated incursions on their domain, and if the Department continues down this road, I would expect a stronger statement from Congress."

"The people of Hawaii have told the DOI very clearly that they do not want federal creation of a Native Hawaiian Indian tribe," continued Dr. Akina. "Now the Congress has pointed out the impropriety of their actions. Let us hope that they take a lesson from this and abandon their ill-advised ANPRM."

The letter can be read in its entirety at: http://new.grassrootinstitute.org/wp-content/uploads/2014/08/Letter-fr-Sens-Flake-Alexander-Coburn-Lee-to-Sec-Jewell-opposing-Native-Hawaiian-ANPRM-Aug-1-2014.pdf

###

About the Grassroot Institute of Hawaii:

Grassroot Institute of Hawaii is a nonprofit, nonpartisan research institute dedicated to the principles of individual liberty, the free market, and limited, accountable government throughout Hawai`i and the Asia-Pacific region.  Read more about us at http://www.grassrootinstitute.org/

Like us on Facebook: http://www.facebook.com/GrassrootInstitute

Donate to help us grow: http://tinyurl.com/GrassrootDonate

Tweet us at http://twitter.com/grassroothawaii

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii