Patterico's Pontifications

5/28/2014

Aloha

Filed under: General — Dana @ 8:31 pm

[guest post by Dana]

Another new regulatory end-run around Congress?

President Barack Obama’s administration has quietly suggested it is willing to create a two-tier race-based legal system in Hawaii, where one set of taxes, spending and law enforcement will govern one race, and the second set of laws will govern every other race.

The diversity proposal is portrayed as an effort to create a separate in-state government for people who are “native Hawaiians.”

The presentation of this proposal is contained in a document referred to as the Advanced Notice of Proposed Rulemaking.

“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,” said the document.

To what end?

“to more effectively implement the special political and trust relationship that Congress has established between that [Hawaiian] community and the United States.”

Gail Heriot, a commissioner on the U.S. Commission on Civil Rights is concerned about the balkanization of the state as a result,

If Obama succeeds, “what’s to prevent creating similar [self-governing racial] groups out of say, Cajuns, or Orthodox Jews or Amish?” “If you can do that with groups that are already part of the mainstream, you can balkanize the country,” said Heriot, who is a law professor at the University of San Diego.

But the proposed measure to increase legal diversity is illegal because the president doesn’t have the power to grant one group of Americans the status of a separate government, she said.

“There is no constitutional basis for conferring such status, and Congress has repeatedly refused to confer this status,” said Carissa Mulder, a spokeswoman for two members of the federal Commission on Civil Rights.

“This seems to be yet another case of the Obama administration ignoring the law to achieve its policy objectives,” she added

Who benefits and how?

The move is likely intended to protect lucrative financial set-asides for Americans who are also part of the Hawaiian racial group, said Heriot.

These set-aside, which include cheap loans, are being threatened by the Supreme Court’s move to curb racial divisions and imposed racial diversity. In 2000, for example, the court’s Rice vs. Cayetano decision allowed non-Hawaiians to participate in the election of trustees for the state’s wealthy Office of Hawaiian Affairs.

The office holds a large tract of land in Hawaii under a legal trust, which generates revenue that is distributed to racial Hawaiians.

–Dana

16 Responses to “Aloha”

  1. Ding !

    Perhaps our Pres’ent thinks he can declare himself to be Native Hawai’ian – and thus eligible for goodies ? (Seeing as he was born there, and all that, even if he sounds more like a Keynesian most of the time)

    Alastor (2e7f9f)

  2. My sister lives in Honolulu and these fascists think obama is King. White guilt is another subject they will not discuss.
    Loser.

    mg (31009b)

  3. Rice v. Cayetano (2000) (7-2) ought to make it clear this is not going to fly. The losing lawyer? John Roberts.

    http://en.wikipedia.org/wiki/Rice_v._Cayetano

    Kevin M (b357ee)

  4. Shows you I should read to the end of the post.

    Kevin M (b357ee)

  5. A court delcared something illegal some years ago. (That’s why this is re-establish in the official Advanced Notice of Proposed Rulemaking.

    Native Hawaiians are a kind of Indian, so it is not a prcedent for that much more.

    Sammy Finkelman (b66da2)

  6. President Endaround Momjeans… aloha Oy!

    Colonel Haiku (2601c0)

  7. Christian Adams over at Pajamas Media has written about how similar race based voter initiatives are going on in the Northern Marianas and on Guam and the DOJ is fighting opposition to such “Jim Crow” laws rather than pushing for equal access to the ballot as they publicly profess to support in the continental 48. Just more double talk from Obamunists.

    http://pjmedia.com/jchristianadams/2014/05/23/jim-crow-prowls-paradise/?singlepage=true

    daleyrocks (bf33e9)

  8. TFG!!!

    Colonel Haiku (2601c0)

  9. create a two-tier race-based legal system in Hawaii, where one set of taxes, spending and law enforcement will govern one race, and the second set of laws will govern every other race.

    There’s a word for this, that’s been escaping me. I think it’s … umm … apartheid.

    nk (dbc370)

  10. Who or what will stop Obama from doing it anyway?

    MD in Philly (f9371b)

  11. Only courts.

    Sammy Finkelman (b66da2)

  12. They’re looking for a way to get around the previous court ruling.

    Sammy Finkelman (b66da2)

  13. He’s a divider, not a uniter.

    And the Hawaiians are NOT similar to “native Americans” (Indians for the non-PC) in any way. They voluntarily petitioned to be a state.

    966 days left . . .

    Estragon (ada867)

  14. “separate, but equal”…

    what could possibly be wrong with this proposal?

    redc1c4 (abd49e)

  15. You ask.. Who benefits and how?
    What you have to remember is that Hawaii is a one party state….Democrat…big money machine for the Democrats. With the Akaka Bill they were looking to do the same thing! To give some idea about the bill and what it represents.
    http://www.heritage.org/research/reports/2007/05/the-native-hawaiian-government-reorganization-act

    Robert (e2c52a)

  16. .
    =========================================================================

    If Obama succeeds, “what’s to prevent creating similar [self-governing racial] groups out of say, Cajuns, or Orthodox Jews or Amish?”

    =========================================================================

    Hmmmm. 15 comments plus the original post and not a one has said the word “Sharia” yet?

    Seriously?

    .

    Smock Puppet, "Si tacuisses, philosophus mansisses." (225d0d)


Powered by WordPress.

Page loaded in: 0.1698 secs.