Rishon Rishon

Akaka for All

Amritas frequently talks about the proposed Akaka Bill (last time here). In short, it proposes to create a tribal authority for aboriginal Hawaiians, similar to American Indian tribes. The most absurd thing about the bill its definition of "Native Hawaiian":

NATIVE HAWAIIAN
(A) IN GENERAL.—Subject to subparagraph (B), for the purpose of establishing the roll authorized under section 7(c)(1) and before the reaffirmation of the political and legal relationship between the United States and the Native Hawaiian governing entity, the term ‘‘Native Hawaiian’’ means— (i) an individual who is 1 of the indigenous, native people of Hawaii and who is a direct lineal descendant of the aboriginal, indigenous, native people who— (I) resided in the islands that now comprise the State of Hawaii on or before January 1, 1893; and (II) occupied and exercised sovereignty in the Hawaiian archipelago, including the area that now constitutes the State of Hawaii; or (ii) an individual who is 1 of the indigenous, native people of Hawaii and who was eligible in 1921 for the programs authorized by the Hawaiian Homes Commission Act (42 Stat. 108, chapter 42) or a direct lineal descendant of that individual.

In other words the one-drop rule. Anyone, with any native Hawaiian ancestor, is eligible, even if it's one great-great-great-great grandparent (making you one sixty-fourth native Hawaiian). This is a recipe for an ever-expanding native Hawaiian population. What happens when most residents of Hawaii are "native Hawaiians", with the rest being a legally underprivileged minority? How about if all the special rights and privileges then switch over the new minority?... what shall we call them... perhaps, Harijan?

It seems to me that this is probably unconstitutional, to establish by law a race-based privileged class. (Indian tribes were established by treaty between the US and sovereign Indian nations, which I presume is the difference.) However, I am sympathetic to Hawaiian desires to promote their culture, and I have a solution that would not be unconstitutional: Give the same rights to everyone.

What would happen if all residents of Hawaii had the right to form communities to protect their culture? (You know, other people have culture too.) These communities would have the right to form schools (maybe even, gasp, universities), found museums, fund sporting activities, and in general create an infrastructure for preserving and promoting their culture. Funds would come from the Hawaiian state budget for these activities, on a per-capita basis. (In other words, if the state spends $X per person on these activities, and there are N people in the community, the community would get a budget of $X * N.)

I think that such a program would create an exciting and valuable diversity for all Hawaiians, substantially increasing their freedoms, choices, and quality of life. "Native Hawaiians" included.

PS: If you think this is a sneaky way to introduce choice and competition into government, you are right. I would love to be able to choose my government!