RELATED: FULL TEXT: Abercrombie's secret rewritten Akaka Bill

It's Not Just the Obamas Going to Hawaii This December

National Review, The Corner

Kathryn Jean Lopez December 14, 2009

For years (since 1999), Daniel Akaka has been trying to make the Native Hawaiian Government Reorganization Act law. On Friday afternoon, the minority on the House Natural Resources Committee got word that there will be a mark-up on it on Wednesday. Apparently there's an agreement on the bill, but Republicans on the committee haven't seen it.

The Hill rumor is that Democrats plan to attach Akaka to the Department of Defense funding bill before this session ends — basically, sneaking it in at a busy, contentious time of year to avoid full debate.

Here's how we editorialized about the Akaka bill in 2006:

The Akaka bill is a terrible piece of legislation. Every aspect of it—from its premises to its goals to its methods—undermines the American belief that we are one people from many. It would create a separate government for “native” Hawaiians, who would in all likelihood be determined almost exclusively by bloodlines. The new government would be able to conduct sovereign-to-sovereign relations with the United States, much as Indian tribes do today. Although no one knows what the final form of the government would be, presumably some 400,000 “natives” would be invited to weigh in—even a resident of New Hampshire who has never stepped foot in Hawaii and has but a trace of Hawaiian blood would get a say in forming the new government. The most pernicious outcome is perhaps the only one that is assured: The governing entity would lead to a permanent hereditary caste in Hawaii, where natives—defined however the interim government chooses to define them—enjoy at least some rights that non-natives do not. Tax-exempt status and immunity from Occupational Safety and Health Administration regulations are two possibilities.

Akaka would be an unconstitutional, race-based mistake. It shouldn't pass. And it really shouldn't be snuck in as Christmas gift to Daniel Akaka.

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Human Events: Repubs Reject Using Defense Bill for Debt increase

Democrats are using this “must pass” legislative opportunity as a vehicle to shove through more of their spending binge, coupled with legislation so radical that it cannot pass on its own merits -- even with the current huge Democrat majorities.

The latest likely candidate for inclusion is the Native Hawaiian Government Reorganization Act of 2009, which is a race-based bill that seeks to create a separate government in Hawaii made up of only those who are of native Hawaiian ancestry in violation of the 14th Amendment to the Constitution.

Throughout this congress, Democrats have been little concerned with the constitutionality of the measures they pass.

The House Natural Resources Committee majority provided notice late Friday of a markup of the legislation on Wednesday, likely in anticipation of hanging it on the DOD appropriations conference report.  Republicans on the committee also got word that an agreement on the bill had been reached, but as of deadline had not been provided a copy of the agreement.

In 2006, the Department of Justice expressed to the Senate deep concerns over the racial nature of the legislation, noting that the Federal Courts as well as the Supreme Court have been invalidating state laws that use race-based qualifiers as the basis for state programs.  

The Native Hawaiian bill joins the long train of abuses of the troop funding bill that is now likely to include more state bailouts, more infrastructure spending, bonus depreciation tax extenders, the $2 trillion dollar raise in the debt limit (the largest debt limit increase in history) and the Native Hawaiian race bill.

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RELATED:

Inouye denies planning "Akaka Bill Sneak Attack"

Inouye: "I have never suggested that the Akaka Native Hawaiian Recognition Bill be passed and adopted as part of the defense appropriations process.  I don’t know where this nonsensical suggestion originated."  (Apparently everyone on Capitol Hill knew.)

Sovereignty activists protest Akaka Bill "Sneak Attack" -- Bill could be inserted into "must pass" legislation