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The Akaka bill was born out of an angry reaction to the 2000 case of Rice v. Cayetano, in which the U.S. Supreme Court, by a 7-2 vote, declared unconstitutional a system under which non-Native Hawaiians were barred from voting for or serving as trustees of the state’s Office of Hawaiian Affairs. Fearful of losing control of the rich patronage pot that the office, with its $3 billion trust fund, has become, its supporters decided to up the ante and try to skirt the 15th Amendment’s mandate for equal voting rights by requiring that the federal government recognize Native Hawaiians in the same manner it recognizes separate governments for American Indians and Alaskan Eskimos.

The U.S. Civil Rights Commission issued a report earlier this year that destroyed the notion that the Indian tribe analogy is appropriate. Native Hawaiians, who freely voted in large numbers to join the U.S. as a state in 1959, have never asked to be recognized as an Indian tribe. They not only lack their own system of laws but are dispersed throughout Hawaii and have a high rate of intermarriage with other groups. “The Akaka bill would authorize a government entity to treat people differently based on their race and ethnicity,” said Gerald Reynolds, the commission’s chairman. “This runs counter to the basic American value that the government should not prefer one race over another.”

It may run counter to American values, but it’s perfectly in line with the Democrat value that non-whites require special treatment.

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