Hail King Kamehameha-Obama.
President Obama wants to undo the Hawaii Admissions Act of 1959, and allow Hawaii to return to a sovereign kingdom, run by native Hawaiians. The idea is nothing new. For at least the last ten years, two Democrat senators from Hawaii have tried to pass legislation—the Native Hawaiian Recognition Act—accomplishing this. Congress has, correctly, declined to pass this, for many reasons, not the least of which is it would violate the 15th Amendment, and create a legalized racial class based not on treaties, but solely on blood heritage.
But Obama is unilaterally doing what Former Senator Daniel Inouye and Senator Daniel Akaka (D-Hawaii), could not get through Congress. The Department of the Interior has issued an Advance Notice of Proposed Rulemaking to do exactly what the failed legislation set out to do.
- Should Interior implement a rule reestablishing “a government-to-government relationship with the Native Hawaiian community?”
- Should Interior assist the Native Hawaiian community in “reorganizing its government?”
- If so, “what process should be established for drafting and ratifying a reorganized Native Hawaiian government’s constitution or other governing document?”
- Should Interior “instead rely on the reorganization of a Native Hawaiian government through a process established by the Native Hawaiian community and facilitated by the state of Hawaii?”
- If so, what conditions should Interior “establish as prerequisites to Federal acknowledgment of a government-to-government relationship with the reorganized Native Hawaiian government?”
Obama’s Administrative State is suffering hallucinations of being the Courtiers of a King, complete with regal authority to rule by fiat. Apparently, it doesn’t matter that the issue of Hawaiian sovereignty was settled, by Hawaiians, in 1959, as part of the political bargain which allowed their admission as the 50th state. From a 2007 DOJ statement to the Senate regarding the failed bill:
Moreover, S. 310 effectively seeks to undo the political bargain through which Hawaii secured its admission into the Union in 1959. On November 7, 1950, all citizens of the Hawaiian Territory – including native Hawaiians – voted to seek admission to the United States. See, e.g., Pub. L. No. 86-3, 73 Stat. 4. By a decisive 2-1 margin, native Hawaiians themselves voted for statehood, thus voluntarily and democratically relinquishing any residual sovereignty to the United States.
It is highly questionable whether even Congress has the power to grant what the state Office of Hawaiian Affairs called “their right to self-determination by selecting another form of government including free association or total independence” to a racial polity which doesn’t have legal recognition. Nevermind a government agency in the Executive Branch doing it.
This is just another example of an administration so disconnected from reality that it believes its own bull excrement.
[H/T to Hans von Spakovsky with the Heritage Foundation]