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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.”
If Obama succeeds, “what’s to prevent creating similar [self-governing racial] groups out of say, Cajuns, or Orthodox Jews or Amish?” said Gail Heriot, a commissioner on the U.S. Commission on Civil Rights.
“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.
originally posted by: Destinyone
a reply to: snarky412
This is such a bad idea in so many ways. Considering the Obama retirement estate is in Hawaii...I can see why he would want to establish himself as leader of the Hawaiian peoples before his term as president runs out.
I just can't believe the divisive way his twisted mind works.
originally posted by: hellobruce
originally posted by: Destinyone
Why bypass Congress on this issue?
Why makes you think he will bypass congress?
September 16, 2013
Dear President Obama:
We write as four members of the eight-member U.S. Commission on Civil Rights, and not on behalf of the Commission as a whole. We are writing to address media reports that you are considering implementing provisions of the Native Hawaiian Government Reorganization Act (known as the Akaka bill) through executive action. 1 The Commission held a hearing regarding the Akaka bill in 2006 and issued a report recommending against passage. 2 We are writing to reiterate the Commission’s recommendation. We believe that provisions of the Akaka bill are both unwise and unconstitutional. Executive action implementing provisions of the Akaka bill would be at least as unwise and unconstitutional.
Neither Congress nor the President has to power to create an Indian tribe or any other entity with the attributes of sovereignty. Nor do they have the power to reconstitute a tribe or other sovereign entity that has ceased to exist as a polity in the past. Tribes are “recognized,” not created or reconstituted. The federal government may on appropriate occasions assist tribes in transforming their internal political structure, but they cannot bring into existence a tribe or other sovereign entity that has never existed or has ceased to exist as a separate polity.