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Apparently seething with authoritarian hubris, President Obama is seeking to wave his magic “pen and a phone” once more to undo legislatively-passed laws and set the stage for allowing Hawaii to secede as a state.
For decades, the State of Hawaii has vied for the right to return to being a sovereign kingdom. The chain of islands has a fascinating and rich history as a kingdom, but was adopted as a state in 1959. Multiple attempts by Hawaiian lawmakers to return Hawaii to a kingdom have failed and in recent years, Former Senator Daniel Inouye and Senator Daniel Akaka, Democrats senators from Hawaii, have pushed the Native Hawaiian Recognition Act- an act that would restore Hawaii to a kingdom run by ethnically native Hawaiians.
As one might expect, Congress has routinely defeated this legislation. A 2007 DOJ statement to the Senate highlighted the absurdity of the proposed law and noted,
“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
Obama, who grew up in Hawaii (amongst many other places), appears sympathetic to this plight and his Department of the Interior has issued an Advance Notice of Proposed Rulemaking to overrule the will of Congress.
What the notice proposes is enacting a “government-to-government relationship between the United State and the Native Hawaiian community,” allowing the government of Hawaii to run as a kingdom dominated by a racial hierarchy, with native Hawaiians being in charge.
Obama’s crusade, however, is fraught with legal complications. Aside from the obvious fact that such decisions are not the domain of the president, but rather the legislative body, Obama’s actions would likely violate 15th Amendment protections as well as establish a precedent that states can secede in the pursuit of instituting a government centered on racial hierarchy- an obvious violation of innumerable tenets of our government and society.
In late May, TPNN reported:
Since then, the Department of the Interior has endured a barrage of push-back from legislators and other assorted bureaucrats who have maintained that not only is this a terrible idea, but one that is inherently unconstitutional. Under Article I, Section 8 of the Constitution, Congress, not the president, has the authority to recognize tribes.The policy proposal, an Advanced Notice of Proposed Rulemaking, states:“The Secretary of the Interior is considering whether to propose an administrative rule that would facilitate the reestablishment of a government-to-government relationship with the Native Hawaiian community.”The document claims that the goal is “to more effectively implement the special political and trust relationship that Congress has established between that [Hawaiian] community and the United States.”What this does is essentially create a two-tier system based on race in Hawaii. It will afford separate taxes and law enforcement to one race and another set of policies will govern another race.
In fact, Obama’s head of Indian Affairs at the Interior Department, Assistant Secretary Kevin K. Washburn, testified before a House subcommittee that this administration did not “have the authority to recognize Native Hawaiians.” Washburn claimed that “we would need legislation to be able to proceed down that road.”
Still, despite having no Constitutional authority, the Obama administration is continuing to push the policy change that could have far-reaching effects. It is unclear if even the Congress has the authority to allow such policies; it is, however, certain that the executive branch possesses no such powers.
While it is far from certain that
Hawaii will be granted the right to secede, what such policy shifts are
aimed at is creating a wider divide between races and unapologetically
implementing a racial hierarchy with native Hawaiians at the top.
At
a time when the most divisive president in history pretends to be
interested in equality and egalitarian beliefs, it’s nauseating to see
his administration stoke the flames of racial prejudice and seek to
codify racial supremacy in law.
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