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Thursday, February 23, 2017

Obama's Dept. of Interior created Rule that Tries to Create Unconstitutional “Native Hawaiian Government”



Use the CRA to Repeal Obama's Dept. of Interior Rule that Tries to Create Unconstitutional “Native Hawaiian Government” HT: JudicialWatch.

The Department of the Interior (DOI) last year promulgated a rule intended to provide a way to organize “a Native Hawaiian government” that could “seek a government-to-government relationship with the United States.” In plain English, this is an attempt to grant tribal status to Native Hawaiians by executive decree. The means for accomplishing this would be a vote, restricted by the regulation to those who had at least one drop of Native Hawaiian blood.

This atrocious rule, which is almost certainly unconstitutional, should immediately be repealed. Congress has the power to do so now under the Congressional Review Act (CRA). This law allows Congress a certain time to object to any new rule if it believes, for example, that an agency has overstepped its legal authority. If the President agrees, the rule is repealed.
The DOI’s regulation amounts to (another) attempt by the now-departed Obama Administration to use an executive order to circumvent Congress – and the Constitution
Starting in 2000 and for more than a decade, Hawaii’s Senator Akaka tried to convince Congress to pass the Native Hawaiian Government Reorganization Act, popularly known as the “Akaka Bill.” The Akaka Bill would have granted Native Hawaiians a pathway to federal tribal status. But Congress never passed the bill.

Switching tactics, the Obama Administration decided to try to accomplish the same thing by executive action.


Even worse is what the DOI’s regulation does. It requires members of the Native Hawaiian community to adopt a “governing document” – meaning a constitution – and then to submit that document to a “ratification vote.” Under the DOI’s regulation, that ratification vote would be restricted to voters who can prove that they were descendants “of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii.” A single drop of blood is enough to be allowed to vote. This is the same ugly standard applied during the Jim Crow era to define a person as black for the purposes of the segregation statutes. Read the full story here.

Hmmm........Obama Blames “Founding Fathers” For Making It Difficult For Him To “Bring Change”But..."I will keep plotting"

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