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Sickening and Divisive -- Trying to Tear Hawaii in Two

by John F. Tamburo, Editor in Chief, Publisher
Originally Posted: 8/18/2005 10:40:14 AM
Last Updated: 8/18/2005 2:23:15 PM

The Senate, a body of one hundred people who supposedly have sworn to uphold the Constitution, is considering one of the most Constitutionally-repugnant proposals to be proposed since the Comstock Act.  The bill?  A measure that would give "native" Hawaiians, as determined by a blood test, the right to a racially-exclusive self government.  That’s right, instutionalized racism for Hawaii is being considered by the United States Senate.  So are the Democrats, the party who constantly accuses the GOP of being a party comprised wholly of racist, sexist, homophobic bigots, up in arms and protesting this travesty?  Ha!  The bill was sponsored by Daniel Akaka, a Democratic senator!

"I submit further that the bill flouts Article 4, Section 3 of the Constitution...  Isn’t the setup of a separate government within Hawaii, just for those Hawaiians who meet a certain blood testing requirement effectively the creation of a state within a state?"

Should we be up in arms, given the facial unconstutionality of the bill?  Two esteemed former senators, Slade Gorton and Hank Brown, have written a scathing and well-based attack on this sickening bill, noting that it flouts the 14th Amendment.  I submit further that the bill flouts Article 4, Section 3 of the Constitution, which states that "no new states shall be formed or erected within the jurisdiction of any other state...without the consent of the legislatures of the states concerned as well as of the Congress."  Isn’t the setup of a separate government within Hawaii, just for those Hawaiians who meet a certain blood testing requirement effectively the creation of a state within a state?  Last I checked, the Hawaiian legislature had not consented to this bill.

My question is this:  Even with John Roberts on the Supreme Court, are you sure that this law, if passed and signed, will be overturned?  I’m not!  I would guess that Rehnquist Roberts, Scalia and Thomas would vote to overturn the law.  Kennedy, Stevens, Souter, Ginsburg and Breyer are wild cards.

"So, we cannot count on the Supreme Court to protect us from this nightmare.  How about the GOP senate caucus, without whom this bill will die?  Well, why isn’t the bill dead now?"

So, we cannot count on the Supreme Court to protect us from this nightmare.  How about the GOP senate caucus, without whom this bill will die?  Well, why isn’t the bill dead now?  I have no idea what political advantage any senator from any state would gain by passing a Constitutionally infirm bill to enshrine a form of racism!  As Senators Gorton and brown so aptly noted, native Hawaiians voted over 2 to 1 for statehood in 1959.  Yet, these two senators are so spooked by this bill as to go public to criticize it in the strongest possible terms.  Thank God for their bravery!

That leaves President Bush.  He can veto this bill; there appears to be insufficient support for an override.  A veto is not only appropriate in this matter, it’s obligatory for anyone who loves America and its Constitution.  To allow this nefarious movement of racial "sovereignty" within the border of one of the several states will make it easier for America-haters to tear the Union apart!  How can any sane American support this bill?  How can any senator both vote for this bill and take his or her oath seriously?  I submit that it cannot be done.

Our President is our best hope.  Write to him -- now!  his email address is president@whitehouse.gov.  Please tell him to veto this bill, as signing it would be repugnant to his oath of office.