Mr. President, I rise in opposition to this legislation. I do, however, respect the goals and the concerns that have been expressed by the Senators from Hawaii and their supporters. I certainly agree with the language used by Senator…
Mr. President, I rise in opposition to this legislation. I do, however, respect the goals and the concerns that have been expressed by the Senators from Hawaii and their supporters. I certainly agree with the language used by Senator Inouye to describe the people of Hawaii. They are indeed good people. They are indeed great patriots. I think no one better exemplifies the patriotism, the support for American ideals, and the commitment to our country, than the two Senators from Hawaii, each in their service to this institution, their service to our country, and their service to our country's military.
Senator Inouye discussed the need to right wrongs, and how that was one of the objectives of this legislation. Even if we concede the importance of righting wrongs, we can argue, as I do argue, that this is the wrong way to go about that.
This bill does not create a sovereign state or a sovereign entity. That point was made by both Senators in their remarks. However, we cannot escape the fact that the legislation as written, on page 51, does describe very specifically the objective for Native Hawaiians to have an inherent right of self-determination and self-government. That clearly suggests a goal, whether it is short-term or long-term, of establishing self-governance; of establishing independence in some shape or form.
If this isn't an objective, then certainly it ought not to be included in the legislation.
This is not a question of tribal recognition. I think it is a mistake to make that analogy because there are very specific requirements for tribal recognition, and they are not met in this case. Therefore, that concern is misplaced.
Most fundamentally, and I think most problematically, this legislation does create a very separate and distinct governing entity, and the participation within that governing entity is based upon racial and ethnic classification. We have to ask ourselves whether this is a principle or a policy which the American people would support, whether it is one which will further our shared goals as Americans. I believe the answer is no. It is a mistake to create two distinct privileges for participation in governance at any level that is based solely on one's racial or ethnic background.
The governing power of this new entity, the Native Hawaiian governing entity, is not small nor trivial. Again quoting from the legislation:
Among the general powers conferred on this governing entity
are the power to negotiate or engage in negotiations designed
to lead to an agreement addressing such matters as the
transfer of land, natural resources and other assets, and the
exercise of civil and criminal jurisdiction.
These are not small matters. I believe the suggestion that this is a modest entity, one with only very limited powers, is mistaken.
The proponents of the legislation might argue that there are intervening steps required on the part of the State government or the Federal Government to validate these negotiations. That doesn't change the fact that this governing entity has real power to negotiate that is not given to any other entity, and that the participation in that governance is based solely on one's ethnic or racial background. I believe that simply is not justified.
To the extent there are constitutional questions brought to bear, they ought to be focused on due process, on whether this restriction that one only participates in this governing entity if one has a certain racial or ethnic background is an unfair limitation on an individual American's right to participate in the electoral process.
Even if that were not a factor, balkanizing Americans, dispensing political power, or dispensing political recognition on the basis of ethnic or racial background is a mistake. It is bad precedent. It emphasizes differences that we might have. I believe it runs the risk of disenfranchising certain Americans and takes us in the wrong direction.
If there are wrongs that need to be set right, we should have a debate about what those actions were and what specific steps ought to be taken to address them. However, this is not the right vehicle. This is not the right approach. This does not send the right message.
In dealing with cases that have come before the Supreme Court which dealt with this question, the Supreme Court cited the 15th amendment, which forbids discrimination in voting based on race or ethnic background.
To quote from that decision, the Court said:
One of the reasons race is treated as a forbidden
classification is that it demeans the dignity and worth of a
person to be judged by ancestry instead of by his or her own
merit and essential qualities. An inquiry into ancestral
lines is not consistent with respect based on the unique
personality each of us possesses, a respect the Constitution
itself secures in its concern for persons and citizens . . .
[To do so would be] odious to a free people whose
institutions are founded upon the doctrine of equality.
It is an approach that runs contrary to those fundamental goals and objectives which are contained in the 15th amendment.
I think on a more personal level, it is worth understanding the impact this can have on an individual.
I wish to close by referring to several comments which were provided by residents of Hawaii themselves before the Civil Rights Commission.
Quoting from one letter:
. . . It is appropriate to say that I am of Hawaiian,
Caucasian and Chinese descent only because it shall be noted
that I am a descendent of the indigenous peoples of Hawaii
and do not support the Akaka bill . . . If [the Akaka bill]
comes to pass, I will no longer acknowledge my Hawaiian
heritage as I will be forced to choose on which side of the
fence to stand. I will choose the Anglo-American tradition of
the right to life, liberty, property and the pursuit of
happiness. This will prevent me from recognizing all that is
Hawaiian in me. I consider the Akaka bill to be a proposal to
violate my rights . . .
This is a resident of Hawaii testifying before the Civil Rights Commission. He wrote:
. . . I am writing to ask for the civil rights commission
to oppose the Akaka Bill on the grounds that it will divide
our state among racial lines . . . I am of native American
blood (Nez Pierce Indian) but cannot be considered eligible
for benefits such as those desired by native Hawaiians . . .
The Akaka Bill will destroy our way of life in Hawaii . . .
The third letter quoted in that report to the Civil Rights Commission:
. . . I am a descendant of both: Kamehameha the Great, who
united the islands and people, natives and non-natives and
made Hawaii a model for the world: and the Mayflower pilgrims
whose ideals of individual freedom and responsibility and
self-reliance shaped the most inclusive and widely shared
system of government in history: American democracy . . . The
Akaka Bill would dishonor the unity and equality envisioned
by Kamehameha the Great and the ideal of one nation,
indivisible, composed of indestructible states, envisioned by
the U.S. Constitution . . .
These are individual opinions of residents of Hawaii who have their own personal history and perspective. We shouldn't make decisions in Congress or anywhere else based on just anecdotal information, but I think they do reflect the difference of opinion, the difference of perspective, and the natural concerns possessed by even those who are supposed to benefit from this legislation because of the way the bill
treats people--not based on the content of their character, not based on their individual rights as Americans, but based on their particular ethnic or racial background.
If we can move away from the balkanization, classification, and unique treatment of people based on racial-ethnic background and move toward the consideration of every individual based on their character, their integrity, and their commitment to our shared ideals, I believe we will be a stronger and a better country.
Thank you, Mr. President.