The Akaka Bill

POLS 303D

November 23, 2004

The Akaka Bill

To begin, it is important to recognize, a particular point in time in which Hawaii became a U.S. territory by a one sided act of Congress. The U.S. asked for no consent, treaty, or even any offer of money to the Hawaiians. Starting from this historical point in American and Hawaiian history, many Hawaiian and Native Hawaiian activists push for what they believe is rightfully theirs as the indigenous people of the islands of Hawaii. Independence. When it comes down to independence from the U.S., the Courts and basically the whole government believe that full independence would not work out in any way. This leaves the Hawaiians with two choices to decide from. The native Hawaiians could either keep their stand on full independence which has basically no chance of happening or they could go to the federal government to get the recognition of the relationship that they have available to protect them.

Following the U.S. Supreme Court decision in Rice V. Cayetano, the Akaka Bill has arose and passed in Congress due to a sense of compulsion among Hawaiians. The Akaka Bill was enacted into law, in which a majority of Hawaiians eligible to vote selected an entity called, "lahui" to represent them in negotiations with the federal government for a type of sovereignty that is yet to be determined. According to U.S. court decisions, congress has the absolute authority to expand or reduce the powers of Lahui, just as it has over the American Indians. Therefore, the Akaka Bill does not automatically guarantee sovereignty to the Hawaiian people. Congress must enact a law that authorizes the terms agreed to, once an agreement is reached between Lahui and the government.

The Akaka Bill will allow Hawaiian people to exercise self-determination under U.S. law. It will also allow the Hawaiians to have more direct control over their ancestral lands and control of trust assets. Last but not least, the rights of native Hawaiians will have more protection from constitutional challenges.

Since the issues will have a direct impact on the state's civil and penal laws, jurisdiction over land and resources and other