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September 23, 2005
Hawaii's: Akaka Bill's Legality
Topics: Political News and commentariesThe Justice Department has contradicted Senator Akaka's claim, last week, that the concerns over the Akaka Bill have been resolved. Justice Department spokesman John Nowacki maintained that there were substantial, unresolved constitutional issues outstanding with the question least of which is whether or not the US Congress was empowered to draw up an agreement with the Native Hawaiians. Nowacki also mentioned the Supreme Court's serious concern with the content of the Akaka Bill.
Governor Lingle essentially brushes aside the Justice Department and the Supreme Court and contends that the Senate can do as they please and will not be limited in any way by the Justice Department.
Senator Daniel Akaka continues to contend that the bill (S.147) is constitutional, despite legal dispatches indicating the contrary.
Congressman Ed Case, likewise, relegates the Justice Department to the chore of raising issues. He contends that it is the courts that determine constitutionality.
Constitutional lawyers have already pointed out the serious departures from the US Constitution to the Hawaii Congressional delegation. The Office of Hawaiian Affairs (OHA) has hired a Washington-based constitutional law firm (Patton & Boggs) to explain the US Constitution to them on this matter.
The Justice Department already achieved acquiescence from the Hawaii delegation on gambling, freedom from taxation, freedom from civic and federal regulations, open-range on claims against the United States and ability to hamper military operations. Somebody needs to take a hint here. America does not want racism!
This is the Honolulu Advertiser version additions:
Senator Daniel Inouye believes the bill (S.147) is constitutional.
Clyde Nomu'o, Office of Hawaiian Affairs (OHA) disbelieves the issue of constitutionality is being raised now.
Rowena Ahana (OHA) believes the Bush Administration has taken the lifeblood out of the Akaka bill. She says: "I think you can't trust this administration."
Historian Tom Coffman feels the new amendments are onerous to the Native Hawaiians.
H. William Burgess contends that for the administration to react they way they have, then there must be something substantially wrong with the Akaka Bill. He hopes both Republicans and Democrats get the message.
Senator Akaka ends with a hope that the USA fulfills its promises to the Native Hawaiians. Perhaps the good senator refers to the promises made as a condition of acquiring statehood that the Native Hawaiians would never propose something like the Akaka Bill to the USA.
Posted for Harry Owens
Posted by Richard at September 23, 2005 12:57 AM
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