Rooted in Reason: Nurturing the Seeds of Liberty

Let’s Be Fair by grassroothawaii
April 10, 2010, 12:42 am
Filed under: Uncategorized

By Dick Rowland

In the 4/9/10 Honolulu Advertiser, Derrick De Pledge reports that Ed Case and Charles Djou now oppose the current, secretly developed version of the Akaka Bill.

This is a welcome change from the earlier stance of both of them. Ed case is reported to call for hearings in Hawaii while Djou does not mention it.

The fact of the matter is that the current version creates an Indian Tribe right off the bat which irrevocably partitions our Hawaii into two governing entities, either of which can trump City/County action and intent.

Worse yet, it forces anyone who joins a US approved native Hawaiian ohana to become an “Akaka Indian”. Do you know anyone who wants to be an Indian Tribe member, under the thumb of Indian “leaders’ and the US Interior Department?

Case, Djou and all of us should be calling for Senate Hearings in Hawaii before this bill moves one step further at the national level. As Djou is reported to have said, we want fairness for our Hawaii.


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One matter that has been totally overlooked are the fundamental changes that would occur to Native Hawaiians who join the Akaka Tribe. They would no longer be full U.S. citizens by birth under the 14th Amendment, but would become “wards” of the United States. American Indian citizenship rights are governed by federal statute, the Indian Citizenship Rights Act of 1924, which theoretically can be amended at any time by Congress, rather than being guaranteed by the U.S. Constitution.

The Bill of Rights, which so many of us take for granted also does not apply to tribes and their relationship with their members, or with the relationship between tribal members and the federal government.

Thus, for example, there are many limitations on tribal Indians’ rights. For example, tribal Indians cannot nominate who will care for their children as adoptive parents if they should die; instead, federal law prescribes that the tribe will decide the future of their children.

Comment by Jim

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