The justification for recognizing Hawaiians

Akaka Bill opposition loses ground on constitutionality, race and separatism issuesRace is no basis for federal recognition of indigenous peoples and governments, both maintained. "The Supreme Court has specifically stated that the recognition afforded to our Native peoples is political and not racial, and this bill specifically states that the recognition afforded Native Hawaiians is of a type and nature of the relationship the United States has with the several federally recognized Indian tribes," Bennett said. Dinh added that he does not believe the bill would create a citizen class based on race "for the exact reason that the Supreme Court has never considered such legislation dealing with Indian affairs to be race-based bills. Sure, it does single out a class, as with a tribe itself, but that in itself is a power expressly granted in the Constitution ... and the court has very clearly and consistently characterized this as a political decision, not a race-based classification."

The Justice Department's discernment of a secessionist threat came in for incredulous dismissal from Sen. Daniel K. Inouye, D-Hawaii, a member of the Senate Committee on Indian Affairs. Questioning Justice Department Principal Deputy Associate Attorney General Gregory Katsis, Inouye asked if the department was really serious to suggest it. He gave examples of Native Hawaiians' patriotism in time of war and said they have participated so fully in federal and state governance that they are well-prepared to govern responsibly. "They are just as American as anyone else, and to suggest that they may involve themselves in separatist movements I think is an insult to them."