Steve King Leads Conservatives Against Akaka Bill

By TW Posted in Comments (6) / Email this page » / Leave a comment »

From the diaries...everyone loves to talk about elections - but battles are won and lost in the trenches of rules and procedure in Congress. Pay attention.

Led by Rep. Steve King (IA), who sits on the Judiciary Committee, 21 House conservatives wrote to their Leadership requesting that the Akaka bill (H.R. 309) not be scheduled for consideration in the House.  They write:

We have grave concerns about whether the Constitution even allows Congress to create a wholly separate sovereign race-based government exempt from the protections our Constitution affords.  The words of the Constitution that give Congress the power to recognize tribes clearly do not extend to the arbitrary designation of a group of people as an Indian tribe....

The Hawaiian Government Reorganization Act would likely be struck down by the U.S. Supreme Court on the basis of the Rice v. Cayetano decision in 2000.  As Justice Kennedy noted in his opinion in Rice, the equal protection principle enshrined in the Constitution is now the shared "heritage of all the citizens of Hawaii."  We believe that fact ought to be the lens through which we weigh any legislation dealing with the people of Hawaii.

The following Members signed the letter:

Steve King

Dana Rohrabacher

Jeff Flake

Louie Gohmert

Gil Gutknecht

Virgil Goode

Ernest Istook

Lynn Westmoreland

Mike Pence

Jeb Hensarling

Dave Weldon

Chris Chocola

Tom Tancredo

Ron Paul

John Kline

John Duncan

Zach Wamp

Todd Akin

Charlie Norwood

Wally Herger

Scott Garrett

Raising awareness on this issue in the House is vital even though most of the attention has been focused in the Senate on the upcoming cloture vote. Why? A version of this legislation actually passed the House in 2000 (H.R. 4904) because so few people were paying attention, and Rep. King et al. are wise to sound the alarms now.  

Hensarling by heyyou

Jeb seems to be everywhere these days, from supporting this to the Wright Amendment to (my favorite) standing up for fiscal conservativism.  See http://www.redstate.org/story/2005/8/12/103159/968

He ought to be identified as one of the future stars of the party.  I wish my Republican congressman was as good.

Finally by hunter

A mature, pro-American speaks to the issue.

Sen. Akaka should be censored for introducing this piece of racist trash into the Senate. Shame on the Senate for even giving this bill a hearing.

Shame on our PC-racist MSM for promoting it without challenge.

email thanking him for opposing Akaka's bill.

This bill, if passed, would have led to the type of race-based sovereignty that Malcolm X and Robert Byrd would approve of.  It is unacceptable in a country that guarantees the equal protection of the laws regardless of race.

Please take some time to thank a congressman or two for having the guts to oppose this bill.

avalanche by RBMN

With tribal classification comes an avalanche of law that goes with it. If you think practicing law, for example, in Hawaii is complicated now, just wait.

An example:

No. SC-CV-61-98

SUPREME COURT OF THE NAVAJO NATION

Russell Means, Petitioner,

v.

The District Court of the Chinle Judicial District, Respondent

SYLLABUS BY THE COURT

Original petition for a writ of prohibition. HELD: The Chinle District Court has criminal jurisdiction over Russell Means, the petitioner, a member of the Oglala Sioux Nation, for criminal offenses allegedly committed within the Navajo Nation.

Russell Means allegedly threatened and battered Leon Grant, Means' father in-law and a member of the Omaha Tribe, and allegedly battered Jeremiah Bitsui, a Navajo. The petitioner was charged on December 28, 1997. He moved to dismiss the criminal charges on the ground that the Navajo Nation has no jurisdiction over nonmember Indians. Judge Ray Gilmore denied the petitioner's motion to dismiss the three criminal charges on July 20, 1998. The petitioner brought a petition for a writ to prohibit the Chinle District Court from proceeding.

HELD:

  1. The Navajo Nation has criminal jurisdiction over all Indians who enter the Navajo Nation under Article II of the United States-Navajo Nation Treaty of 1868 under the "set apart for the use and occupation" language of that article. In addition, the Navajo Nation has criminal jurisdiction over nonmember Indians under the "bad men" clause of Article I of the Treaty.
  2. Individuals who "assume tribal relations" with Navajos by intermarriage, residence, and other activities, are subject to the criminal jurisdiction of the Navajo Nation. That includes any individual, regardless of racial or ethnic membership, who assumes the status of hadane or in-law.
  3. The assertion of criminal jurisdiction over nonmember Indians violates neither the "Indian preference legislation" nor "racial classification" doctrines of equal protection of the law.

The petition was dismissed and the case was remanded to the Chinle District Court for prompt trial.

Opinion delivered by the Honorable Robert Yazzie, Chief Justice of the Navajo Nation, with Associate Justice Raymond D. Austin and Associate Justice (by designation) Irene Toledo.

Decided May 11, 1999

[1]No. SC-CV-61-98

SUPREME COURT OF THE NAVAJO NATION

(from: http://www.indianz.com/TribalLaw/Decisions/showdecision.asp?ID=TC/SC-CV-61-
98
)

What the hell is Akaka thinking. There must only be one incentive behind this: GAMBLING!

I like to gamble a bit, but why doesn't he just come out and SAY SO!

It's a shame that even some Conservatives are falling for this junk.

A lot of them are trying to get this passed to try and help that RINO in Hawaii. Also, they want to keep the segregated school system they have which is biased towards native Hawaiians. The Kamehamama schools or something similar.

 
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