NHSC and the Akaka Bill - Revision history

Jere Krischel: /* THERE IS NO HISTORICAL, LEGAL, OR MORAL OBLIGATION FOR THE U.S. TO GIVE RACE-BASED REPARATIONS, GROUP RIGHTS, OR POLITICAL SOVEREIGNTY TO NATIVE HAWAIIANS */

2006-12-08T01:02:50Z

‎THERE IS NO HISTORICAL, LEGAL, OR MORAL OBLIGATION FOR THE U.S. TO GIVE RACE-BASED REPARATIONS, GROUP RIGHTS, OR POLITICAL SOVEREIGNTY TO NATIVE HAWAIIANS

Jere Krischel: /* AFFIRMATIVE OUTREACH BUT NO RACE-BASED OR RACIALLY EXCLUSIONARY PROGRAMS */

2006-12-08T00:59:55Z

‎AFFIRMATIVE OUTREACH BUT NO RACE-BASED OR RACIALLY EXCLUSIONARY PROGRAMS

Jere Krischel: /* AFFIRMATIVE OUTREACH BUT NO RACE-BASED OR RACIALLY EXCLUSIONARY PROGRAMS */

2006-12-08T00:58:56Z

‎AFFIRMATIVE OUTREACH BUT NO RACE-BASED OR RACIALLY EXCLUSIONARY PROGRAMS

Jere Krischel: /* AFFIRMATIVE OUTREACH BUT NO RACE-BASED OR RACIALLY EXCLUSIONARY PROGRAMS */

2006-12-08T00:58:19Z

‎AFFIRMATIVE OUTREACH BUT NO RACE-BASED OR RACIALLY EXCLUSIONARY PROGRAMS

Jere Krischel: /* AFFIRMATIVE OUTREACH BUT NO RACE-BASED OR RACIALLY EXCLUSIONARY PROGRAMS */

2006-12-08T00:57:44Z

‎AFFIRMATIVE OUTREACH BUT NO RACE-BASED OR RACIALLY EXCLUSIONARY PROGRAMS

Jere Krischel: /* References */

2006-12-08T00:52:43Z

‎References

Jere Krischel: /* References */

2006-12-08T00:52:28Z

‎References

Jere Krischel: /* References */

2006-12-08T00:23:49Z

‎References

Jere Krischel: /* References */

2006-12-08T00:18:01Z

‎References

Jere Krischel: /* THERE IS NO HISTORICAL, LEGAL, OR MORAL OBLIGATION FOR THE U.S. TO GIVE RACE-BASED REPARATIONS, GROUP RIGHTS, OR POLITICAL SOVEREIGNTY TO NATIVE HAWAIIANS */

2006-12-08T00:12:11Z

‎THERE IS NO HISTORICAL, LEGAL, OR MORAL OBLIGATION FOR THE U.S. TO GIVE RACE-BASED REPARATIONS, GROUP RIGHTS, OR POLITICAL SOVEREIGNTY TO NATIVE HAWAIIANS

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 ==THERE IS NO HISTORICAL, LEGAL, OR MORAL OBLIGATION FOR THE U.S. TO GIVE RACE-BASED REPARATIONS, GROUP RIGHTS, OR POLITICAL SOVEREIGNTY TO NATIVE HAWAIIANS==
-"To summarize the Commission's findings with regard to the overthrow of the Hawaiian monarchy: Based upon the information available to it, the Commission concluded that Minister John L. Stevens and certain other individuals occupying positions with the U.S. Government participated in activities contributing to the overthrow of the Hawaiian monarchy on January 17, 1893. The Commission was unable to conclude that these activities were sanctioned by the President or the Congress. In fact, official government records lend strong support to the conclusion that Minister Stevens' actions were not sanctioned."<ref name=p29>Native Hawaiians Study Commission Report Volume I page [[Nhsc-v1-29|29]]</ref>
+<blockquote>''"To summarize the Commission's findings with regard to the overthrow of the Hawaiian monarchy: Based upon the information available to it, the Commission concluded that Minister John L. Stevens and certain other individuals occupying positions with the U.S. Government participated in activities contributing to the overthrow of the Hawaiian monarchy on January 17, 1893. The Commission was unable to conclude that these activities were sanctioned by the President or the Congress. In fact, official government records lend strong support to the conclusion that Minister Stevens' actions were not sanctioned."''<ref name=p29>Native Hawaiians Study Commission Report Volume I page [[Nhsc-v1-29|29]]</ref></blockquote>
-"Besides the findings summarized above, the Commission concludes that, as an ethical or moral matter, Congress should not provide for native Hawaiians to receive compensation either for loss of land or of sovereignty. Reviewing the situation generally, including the historical changes in Hawaii's land laws and constitution before 1893, the Hawaiian political climate that led to the overthrow, the lack of authorized involvement by the United States, and the apparent limited role of United States forces in the overthrow, the Commission found that on an ethical or moral basis, native Hawaiians should not receive reparations."<ref name=p29/>
+<blockquote>''"Besides the findings summarized above, the Commission concludes that, as an ethical or moral matter, Congress should not provide for native Hawaiians to receive compensation either for loss of land or of sovereignty. Reviewing the situation generally, including the historical changes in Hawaii's land laws and constitution before 1893, the Hawaiian political climate that led to the overthrow, the lack of authorized involvement by the United States, and the apparent limited role of United States forces in the overthrow, the Commission found that on an ethical or moral basis, native Hawaiians should not receive reparations."''<ref name=p29/></blockquote>
-"The relations between the United States and Hawaii up to the time of annexation were relations between two separate, sovereign nations, not between a sovereign and those subject to its sovereignty."<ref name=p25>Native Hawaiians Study Commission Report Volume I page [[Nhsc-v1-25|25]]</ref>
+<blockquote>''"The relations between the United States and Hawaii up to the time of annexation were relations between two separate, sovereign nations, not between a sovereign and those subject to its sovereignty."''<ref name=p25>Native Hawaiians Study Commission Report Volume I page [[Nhsc-v1-25|25]]</ref></blockquote>
-"Generally, the most likely possible theories for the award of compensation to native groups for loss of land were aboriginal title or recognized title doctrines."<ref name=p25/>
+<blockquote>''"Generally, the most likely possible theories for the award of compensation to native groups for loss of land were aboriginal title or recognized title doctrines."''<ref name=p25/></blockquote>
-"The law has developed specific tests for establishing aboriginal title: the group must be a single land-owning entity; there must be actual and exclusive use and occupancy of the lands; the use and occupancy must be of a defined area; the land must have been used and occupied for a long time before aboriginal title was extinguished. Additionally, title must have been extinguished by the government of the United States, not by another body, such as the government of Hawaii before the United States annexed Hawaii. Finally, some law must give the native group, here the native Hawaiians, a right to compensation for loss of aboriginal title. The Commission finds that the facts do not meet the tests for showing the existence of aboriginal title."<ref>Native Hawaiians Study Commission Report Volume I pages [[Nhsc-v1-25|25]]-[[Nhsc-v1-26|26]]</ref>
+<blockquote>''"The law has developed specific tests for establishing aboriginal title: the group must be a single land-owning entity; there must be actual and exclusive use and occupancy of the lands; the use and occupancy must be of a defined area; the land must have been used and occupied for a long time before aboriginal title was extinguished. Additionally, title must have been extinguished by the government of the United States, not by another body, such as the government of Hawaii before the United States annexed Hawaii. Finally, some law must give the native group, here the native Hawaiians, a right to compensation for loss of aboriginal title. The Commission finds that the facts do not meet the tests for showing the existence of aboriginal title."''<ref>Native Hawaiians Study Commission Report Volume I pages [[Nhsc-v1-25|25]]-[[Nhsc-v1-26|26]]</ref></blockquote>
-"Even if the tests had been met, the Commission finds that such title was extinguished by actions of the Hawaiian government before 1893, and certainly before annexation, which was the first assumption of sovereignty by the United States."<ref name=p26>Native Hawaiians Study Commission Report Volume I page [[Nhsc-v1-26|26]]</ref>
+<blockquote>''"Even if the tests had been met, the Commission finds that such title was extinguished by actions of the Hawaiian government before 1893, and certainly before annexation, which was the first assumption of sovereignty by the United States."''<ref name=p26>Native Hawaiians Study Commission Report Volume I page [[Nhsc-v1-26|26]]</ref></blockquote>
-"Finally, even if these tests had been met, neither the Fifth Amendment to the United States Constitution nor current statutes provide authority for payment of compensation to native Hawaiians for loss of aboriginal title."<ref name=p26/>
+<blockquote>''"Finally, even if these tests had been met, neither the Fifth Amendment to the United States Constitution nor current statutes provide authority for payment of compensation to native Hawaiians for loss of aboriginal title."''<ref name=p26/></blockquote>
-"The law also has developed specific legal requirements for compensation of loss of lands by recognized title. The Commission examined the question of whether treaties and statutes, the Joint Resolution of Annexation, or the Fifth Amendment to the United States Constitution provide a basis for payment under the theory of recognized title, and concluded that no basis exists."<ref name=p26/>
+<blockquote>''"The law also has developed specific legal requirements for compensation of loss of lands by recognized title. The Commission examined the question of whether treaties and statutes, the Joint Resolution of Annexation, or the Fifth Amendment to the United States Constitution provide a basis for payment under the theory of recognized title, and concluded that no basis exists."''<ref name=p26/></blockquote>
-"The Commission examined whether a trust or fiduciary relationship exists between the United States and native Hawaiians and concluded that no statutes or treaties give rise to such a relationship because the United States did not exercise sovereignty over the Hawaiian Islands prior to annexation, and the Joint Resolution of Annexation, No. 55 (July 7, 1898) did not create a special relationship for native Hawaiians."<ref name=p26/>
+<blockquote>''"The Commission examined whether a trust or fiduciary relationship exists between the United States and native Hawaiians and concluded that no statutes or treaties give rise to such a relationship because the United States did not exercise sovereignty over the Hawaiian Islands prior to annexation, and the Joint Resolution of Annexation, No. 55 (July 7, 1898) did not create a special relationship for native Hawaiians."''<ref name=p26/></blockquote>
-"The Commission considered whether native Hawaiians are entitled to compensation for loss of sovereignty, and found no present legal entitlement to compensation for any loss of sovereignty."<ref name=p26/>
+<blockquote>''"The Commission considered whether native Hawaiians are entitled to compensation for loss of sovereignty, and found no present legal entitlement to compensation for any loss of sovereignty."''<ref name=p26/></blockquote>
 ==AFFIRMATIVE OUTREACH BUT NO RACE-BASED OR RACIALLY EXCLUSIONARY PROGRAMS==

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 The "Conclusions and Recommendations" section of the NHSC report makes clear that there should be special outreach to Native Hawaiians to ensure that they are made aware of government programs from which they could get assistance, and to ensure that new and existing programs be focused on problems that disproportionately affect Native Hawaiians.  But the Commission's recommendations never propose to create race-based programs exclusively for Native Hawaiians.  Here are some quotes illustrating the careful wording of recommendations for affirmative outreach but avoiding race-based or racially exclusionary programs:
-<blockquote>''"[C]onsideration should be given to a wide variety of Federal programs that are already available or that could be made available to help address specific needs. Private, local, and State officials in Hawaii should take the initiative to become aware of available programs, secure and disseminate information on them, and ensure that native Hawaiians have equal access to those programs."<ref name=p28>Native Hawaiians Study Commission Report Volume I page [[Nhsc-v1-28|28]]</ref></blockquote>
+<blockquote>''"[C]onsideration should be given to a wide variety of Federal programs that are already available or that could be made available to help address specific needs. Private, local, and State officials in Hawaii should take the initiative to become aware of available programs, secure and disseminate information on them, and ensure that native Hawaiians have equal access to those programs."''<ref name=p28>Native Hawaiians Study Commission Report Volume I page [[Nhsc-v1-28|28]]</ref></blockquote>
 <blockquote>''"The Commission recommends: ... Making sure that Federal programs for vocational training funded through block grants are targeted to groups most in need, including native Hawaiians. ...Initiating efforts to ensure that information on specific Federal programs (for example, supplemental food program for women, infants, and children) is disseminated through native Hawaiian organizations, and recruit eligible native Hawaiians to participate in these programs. Ensuring that a fair share of Federal block grant monies are directed toward alleviating specific health problems, including those of concern to native Hawaiians, such as infant mortality and child and maternal care.  Giving higher priority to native Hawaiian sites in considering nominations for the National Register of Historic Places; activating the State Historic reservation Plan and revising, in consultation with native Hawaiians, the plan in an effort to ensure protection of ancient Hawaiian artifacts and sites."''<ref name=p29/></blockquote>
-<blockquote>"The Commission also recommends that the heads of all Federal departments and agencies act to ensure that the needs and concerns of native Hawaiians, to the extent identified and defined in the Commission's Report, be brought to the attention of their program administrators; that these administrators consult officials in Hawaii for further guidance on specific programs; and, once this guidance is received, consider actions that could be taken to ensure full and equal access by native Hawaiians to various assistance programs." (page 30)</blockquote>
+<blockquote>''"The Commission also recommends that the heads of all Federal departments and agencies act to ensure that the needs and concerns of native Hawaiians, to the extent identified and defined in the Commission's Report, be brought to the attention of their program administrators; that these administrators consult officials in Hawaii for further guidance on specific programs; and, once this guidance is received, consider actions that could be taken to ensure full and equal access by native Hawaiians to various assistance programs."''<ref name=p30>Native Hawaiians Study Commission Report Volume I page [[Nhsc-v1-30|30]]</ref></blockquote>
 ==Rewriting history==

@@ Line 44: / Line 44: @@
 <blockquote>''"[C]onsideration should be given to a wide variety of Federal programs that are already available or that could be made available to help address specific needs. Private, local, and State officials in Hawaii should take the initiative to become aware of available programs, secure and disseminate information on them, and ensure that native Hawaiians have equal access to those programs."<ref name=p28>Native Hawaiians Study Commission Report Volume I page [[Nhsc-v1-28|28]]</ref></blockquote>
-<blockquote>''"The Commission recommends: ... Making sure that Federal programs for vocational training funded through block grants are targeted to groups most in need, including native Hawaiians. ...Initiating efforts to ensure that information on specific Federal programs (for example, supplemental food program for women, infants, and children) is disseminated through native Hawaiian organizations, and recruit eligible native Hawaiians to participate in these programs. Ensuring that a fair share of Federal block grant monies are directed toward alleviating specific health problems, including those of concern to native Hawaiians, such as infant mortality and child and maternal care.  Giving higher priority to native Hawaiian sites in considering nominations for the National Register of Historic Places; activating the State Historic reservation Plan and revising, in consultation with native Hawaiians, the plan in an effort to ensure protection of ancient Hawaiian artifacts and sites."''<ref name=p29></blockquote>
+<blockquote>''"The Commission recommends: ... Making sure that Federal programs for vocational training funded through block grants are targeted to groups most in need, including native Hawaiians. ...Initiating efforts to ensure that information on specific Federal programs (for example, supplemental food program for women, infants, and children) is disseminated through native Hawaiian organizations, and recruit eligible native Hawaiians to participate in these programs. Ensuring that a fair share of Federal block grant monies are directed toward alleviating specific health problems, including those of concern to native Hawaiians, such as infant mortality and child and maternal care.  Giving higher priority to native Hawaiian sites in considering nominations for the National Register of Historic Places; activating the State Historic reservation Plan and revising, in consultation with native Hawaiians, the plan in an effort to ensure protection of ancient Hawaiian artifacts and sites."''<ref name=p29/></blockquote>
 <blockquote>"The Commission also recommends that the heads of all Federal departments and agencies act to ensure that the needs and concerns of native Hawaiians, to the extent identified and defined in the Commission's Report, be brought to the attention of their program administrators; that these administrators consult officials in Hawaii for further guidance on specific programs; and, once this guidance is received, consider actions that could be taken to ensure full and equal access by native Hawaiians to various assistance programs." (page 30)</blockquote>

@@ Line 44: / Line 44: @@
 <blockquote>''"[C]onsideration should be given to a wide variety of Federal programs that are already available or that could be made available to help address specific needs. Private, local, and State officials in Hawaii should take the initiative to become aware of available programs, secure and disseminate information on them, and ensure that native Hawaiians have equal access to those programs."<ref name=p28>Native Hawaiians Study Commission Report Volume I page [[Nhsc-v1-28|28]]</ref></blockquote>
-<blockquote>''"The Commission recommends: ... Making sure that Federal programs for vocational training funded through block grants are targeted to groups most in need, including native Hawaiians. ...
+<blockquote>''"The Commission recommends: ... Making sure that Federal programs for vocational training funded through block grants are targeted to groups most in need, including native Hawaiians. ...Initiating efforts to ensure that information on specific Federal programs (for example, supplemental food program for women, infants, and children) is disseminated through native Hawaiian organizations, and recruit eligible native Hawaiians to participate in these programs. Ensuring that a fair share of Federal block grant monies are directed toward alleviating specific health problems, including those of concern to native Hawaiians, such as infant mortality and child and maternal care.  Giving higher priority to native Hawaiian sites in considering nominations for the National Register of Historic Places; activating the State Historic reservation Plan and revising, in consultation with native Hawaiians, the plan in an effort to ensure protection of ancient Hawaiian artifacts and sites."''<ref name=p29></blockquote>
 <blockquote>"The Commission also recommends that the heads of all Federal departments and agencies act to ensure that the needs and concerns of native Hawaiians, to the extent identified and defined in the Commission's Report, be brought to the attention of their program administrators; that these administrators consult officials in Hawaii for further guidance on specific programs; and, once this guidance is received, consider actions that could be taken to ensure full and equal access by native Hawaiians to various assistance programs." (page 30)</blockquote>

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 The "Conclusions and Recommendations" section of the NHSC report makes clear that there should be special outreach to Native Hawaiians to ensure that they are made aware of government programs from which they could get assistance, and to ensure that new and existing programs be focused on problems that disproportionately affect Native Hawaiians.  But the Commission's recommendations never propose to create race-based programs exclusively for Native Hawaiians.  Here are some quotes illustrating the careful wording of recommendations for affirmative outreach but avoiding race-based or racially exclusionary programs:
-"[C]onsideration should be given to a wide variety of Federal programs that are already available or that could be made available to help address specific needs. Private, local, and State officials in Hawaii should take the initiative to become aware of available programs, secure and disseminate information on them, and ensure that native Hawaiians have equal access to those programs."  (page 28)
+<blockquote>''"[C]onsideration should be given to a wide variety of Federal programs that are already available or that could be made available to help address specific needs. Private, local, and State officials in Hawaii should take the initiative to become aware of available programs, secure and disseminate information on them, and ensure that native Hawaiians have equal access to those programs."<ref name=p28>Native Hawaiians Study Commission Report Volume I page [[Nhsc-v1-28|28]]</ref></blockquote>
-"The Commission recommends: ... Making sure that Federal programs for vocational training funded through block grants are targeted to groups most in need, including native Hawaiians. ...
+<blockquote>''"The Commission recommends: ... Making sure that Federal programs for vocational training funded through block grants are targeted to groups most in need, including native Hawaiians. ...
 Initiating efforts to ensure that information on specific Federal programs (for example, supplemental food program for women, infants, and children) is disseminated through native Hawaiian organizations, and recruit eligible native Hawaiians to participate in these programs.
-Ensuring that a fair share of Federal block grant monies are directed toward alleviating specific health problems, including those of concern to native Hawaiians, such as infant mortality and child and maternal care.  Giving higher priority to native Hawaiian sites in considering nominations for the National Register of Historic Places; activating the State Historic reservation Plan and revising, in consultation with native Hawaiians, the plan in an effort to ensure protection of ancient Hawaiian artifacts and sites." (page 29)
+Ensuring that a fair share of Federal block grant monies are directed toward alleviating specific health problems, including those of concern to native Hawaiians, such as infant mortality and child and maternal care.  Giving higher priority to native Hawaiian sites in considering nominations for the National Register of Historic Places; activating the State Historic reservation Plan and revising, in consultation with native Hawaiians, the plan in an effort to ensure protection of ancient Hawaiian artifacts and sites."''<ref name=p29></blockquote>
-"The Commission also recommends that the heads of all Federal departments and agencies act to ensure that the needs and concerns of native Hawaiians, to the extent identified and defined in the Commission's Report, be brought to the attention of their program administrators; that these administrators consult officials in Hawaii for further guidance on specific programs; and, once this guidance is received, consider actions that could be taken to ensure full and equal access by native Hawaiians to various assistance programs." (page 30)
+<blockquote>"The Commission also recommends that the heads of all Federal departments and agencies act to ensure that the needs and concerns of native Hawaiians, to the extent identified and defined in the Commission's Report, be brought to the attention of their program administrators; that these administrators consult officials in Hawaii for further guidance on specific programs; and, once this guidance is received, consider actions that could be taken to ensure full and equal access by native Hawaiians to various assistance programs." (page 30)</blockquote>
 ==Rewriting history==

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