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CONGRESSIONAL RECORD—SENATE June 14, 2005

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CONGRESSIONAL RECORD—SENATE June 14, 2005 12372 CONGRESSIONAL RECORD—SENATE June 14, 2005 William Pryor’s consistent pursuit of provide more with less, and, as a re- is thus instructive to take a close look extreme and incorrect legal views sult, students of every age from head at that history. should have been a red flag for my col- start to higher education—are getting [The Grassroot Institute of Hawaii, Jun. 1, leagues. It should have demonstrated sub-par educations. 2005] how dangerous placing him on the Fed- Our Nation is now more dependent on HAWAII DIVIDED AGAINST ITSELF CANNOT eral bench with lifetime tenure would foreign oil than ever before. We rely STAND—AN ANALYSIS OF THE APOLOGY RES- be. Unfortunately, Mr. President, it did heavily on Middle East countries that OLUTION not. As a result, our Federal judiciary do not share our values—a reliance (By Bruce Fein) will have less ability to protect the that makes us more vulnerable every THE 1993 APOLOGY RESOLUTION IS RIDDLED WITH constitutional rights we hold so dear. day—yet still, Americans are suffering FALSEHOODS AND MISCHARACTERIZATIONS Thomas B. Griffith presents a similar at the pump, paying $2.12 a gallon. The Akaka Bill originated with the 1993 threat to our constitutional rights, Our military families, the people who Apology Resolution (S.J. Res. 19) which particularly to the rights of women. As are the front line in the war on terror passed Congress in 1993. Virtually every a member of the President’s Commis- and allow us to live life as we know, paragraph is false or misleading. The opening paragraph declares its purpose sion on Opportunity and Athletics, Mr. struggle unnecessarily to pay the bills as to acknowledge the 100th anniversary of Griffith made a radical proposal to and deal with lost benefits when loved the January 17, 1893 overthrow of the King- eliminate the ‘‘proportionality test’’ in ones are called to duty. dom of Hawaii and to offer an apology to title IX cases. The proportionality test Our country has amassed record defi- ‘‘Native Hawaiians’’ on behalf of the United has long been used for determining cits, mounting debts that cede a dan- States for the event that ushered in a repub- compliance with title IX and requires gerous amount of control over Amer- lican form of government and popular sov- that the school in question dem- ica’s economic future to central bank- ereignty, in lieu of monarchy. The apology onstrate that the athletic opportuni- ers in Asia and oil cartels in the Middle wrongly insinuates that the overthrown 1893 government was for Native Hawaiians alone; ties for males and females are in sub- East. and, that they suffered unique injuries be- stantial proportion to each gender’s These are the issues that we should cause of the substitution of republicanism representation in the student body of be debating. These are the problems for monarchy. There never had been a race- the school. As support for his proposal, that plague Americans daily. The judi- based government since the formation of the Mr. Griffith stated that he was unilat- cial confirmation process should be kingdom of Hawaii in 1810, and only trivial erally opposed to the use of numeric quick and easy, allowing us the time racial distinctions in the law (but for dis- formulas to evaluate title IX compli- we need to work on the real problems crimination against Japanese and Chinese ance. He added that, in his view, the facing this great Nation. All we need is immigrants). [Footnote: Minor exceptions include jury trials, membership in the nobil- proportionality test—and the use of for the President to take seriously the ity, and land distribution. In addition, the numeric formulas—violates the equal Senate’s role of providing advice and 1864 Constitution mandated that if the mon- protection clause, despite the fact that consent. We need the President to arch died or abdicated without naming a suc- eight Circuit Courts of Appeals have nominate more individuals like Rich- cessor, the legislature should elect a native rejected that very position. ard A. Griffin and David W. McKeague, Ali‘i (Chief) to the throne.] Native Hawaiians Mr. Griffith’s statement demon- principled jurists who are committed served side-by-side with non-Native Hawai- strates a lack of respect for previous to following the law and upholding our ians in the Cabinet and legislature. The 1893 court rulings and raises questions constitutional rights, and less individ- overthrow did not disturb even a square inch of land owned by Native Hawaiians. If the about whether, as a judge, he would uals like Priscilla Owen, Janice Rogers overthrow justified an apology, it should follow established precedent. In fact, Brown, William Pryor, and Thomas have been equally to Native Hawaiians and the ABA has rated him partially not Griffith, conservative ideologues who non-Native Hawaiians. Both were treated qualified. With legal views so clearly are not afraid to rewrite our laws to virtually the same under the law by the out of the mainstream, Mr. Griffith’s further their political agenda. I can ousted Queen Liliuokalani. Moreover, it confirmation seriously undermines the only hope that he will do so in the fu- seems preposterous to apologize for deposing strength of the Federal judiciary. His ture, sparing the Senate from endless a monarch to move towards a republican confirmation is particularly problem- hours of debate on unqualified, dan- form of government based on the consent of the governed. atic given the fact that his voice will gerous judges. Paragraph two notes that Native Hawai- be added to that of Janice Rogers Thank you, Mr. President. ians lived in a highly organized, self suffi- Brown, both of whom have been con- f cient, subsistent social system based on com- firmed to the D.C. Circuit. munal land tenure with a sophisticated lan- Thus, after months of debate, we are AGAINST RACE-BASED guage and culture when the first Europeans left with a Federal judiciary less likely GOVERNMENT IN HAWAII arrived in 1778. It errantly insinuates that to protect individual rights and more Mr. KYL. Mr. President, I rise today Native Hawaiians are not permitted under likely to undermine the legal prin- to ask unanimous consent that the fol- the United States Constitution to practice lowing analysis of the 1993 Hawaii apol- their ancient culture. They may do so every ciples which Americans hold so dear. bit as much as the Amish or other groups. And, because we have spent so much ogy resolution, prepared by constitu- They may own land collectively as joint ten- time debating these unqualified judges, tional scholar Bruce Fein, be entered ants. The paragraph also misleads by omit- we, as U.S. Senators, have not been into the RECORD following my present ting the facts that Hawaiian Kings, not Eu- able to address the very real problems remarks. ropeans, abolished communal land tenure facing the American people. Problems To be sure, I do not think that the and religious taboos (kapu) by decree. [See like ensuring people have adequate nature of the events that led to the end Appendix page 3 paragraphs 2, 3, 4] health care and top-notch educations. of the Kamehameha monarchy is rel- Paragraph three notes that a unified mo- evant to the question whether we narchical government of the Hawaiian Is- Problems like securing our energy lands was established in 1810 under Kameha- independence and providing for our Na- should establish a race-based govern- meha I, the first King of Hawaii. It neglects tion’s military families. ment in Hawaii today. I believe that to mention that the King established the Currently, 44 million Americans do America is a good and great Nation, government by conquest and force of arms in not have health care, and as a result, and that all Americans should be proud contrast to the bloodless overthrow of Queen many middle-class Americans are one to be a part of it. The United States Liliuokalani. In other words, if King doctor’s bill away from bankruptcy. does not deserve to have its govern- Kamehameha’s government was legitimate, This is particularly troublesome given ment carved up along racial lines. then so was the successfu1l 1893 overthrow. Nevertheless, proponents of racially [See Appendix page 2 paragraph 1] that eleven million of those uninsured Paragraph four notes that from 1826 until are children—sons and daughters of separate government in Hawaii have 1893, the United States recognized the King- working parents. advanced their arguments for S. 147, dom of Hawaii as an independent nation with Our education system is terribly un- the Native Hawaiian Government Reor- which it concluded a series of treaties and derfunded. Teachers are being asked to ganization Act, in terms of history. It conventions. But the paragraph neglects to VerDate Sep 11 2014 10:15 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR14JN05.DAT BR14JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE June 14, 2005 CONGRESSIONAL RECORD—SENATE 12373 note that the United States extended rec- ippines in 1986 headed by Cory Aquino with- following year. [See Appendix page 4 para- ognition to the government that replaced out the consent of Ferdinand Marcos. Fi- graph 3] Queen Liliuokalani in 1893. It treated both nally, sovereignty in Hawaii at the time of Paragraph thirteen fails to note that the governments as equally legitimate under the 1893 overthrow resided in the Monarch, actions against the Minister and military international law, as did other relations. not the people. Native Hawaiian and non-Na- commander were inspired by the partisan Paragraph five notes the more than 100 tive Hawaiians alike possessed no legal right politics of Democrats casting aspersion on missionaries sent by the Congregational to withhold a transfer of sovereignty from the predecessor Republican administration Church to the Kingdom of Hawaii between Queen Liliuokalani to the Provisional Gov- of Benjamin Harrison.
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