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 , 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 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 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- ‘‘’’ 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 . [See Appendix page 4 1820 and 1850. But the missionaries did not ernment. The Queen’s own statement, re- paragraph 1] cause mischief. They brought education, printed in the Apology Resolution, confirms Paragraph fourteen misleads by omitting medicine, and civilization to Native Hawai- that sovereignty rested with the monarch, President ’s partisan moti- ians for which no apology is due. [See Appen- not the people. She neither asked nor re- vation for attacking the policies of his pred- dix page 2 paragraphs 2, 3] ceived popular consent for yielding sov- ecessor, President Benjamin Harrison, and Paragraph six falsely accuses United ereignty to the United States. In any event, the Morgan report that disproved President States Minister John L. Stevens as con- Native Hawaiians enjoyed more popular sov- Cleveland’s tenacious chronicling and char- spiring with non-Native Hawaiians to over- ereignty than did non-Native Hawaiians. Ac- acterizations of Queen Liliuokalani’s over- throw the indigenous and lawful Government cordingly, if the diplomatic recognition was throw. To trust in the impartiality of Demo- of Hawaii. The Government, as previously wrong, both groups were equally wronged. crat Cleveland to evaluate the policies and explained, was not ‘‘indigenous,’’ but in- Paragraph ten falsely suggests that Queen actions of Republican Harrison would be like cluded non-Native Hawaiians. The latter Liliuokalani yielded her power to avoid trusting Democrat President William Jeffer- were treated identically with Native Hawai- bloodshed. She did so because her anti-con- son Clinton to evaluate evenhandedly the ians and shared fully in the society and gov- stitutional plans had provoked popular anger presidency of Republican George H. W. Bush. ernance of the kingdom. Moreover, Minister or antagonism. The Queen forfeited the le- [See Appendix page 4 paragraph 3] Stevens, as a meticulous Senate Foreign Re- gitimacy necessary to sustain power. Even Paragraph fifteen neglects that President lations Committee report (the ‘‘Morgan’’ re- Cabinet members she had appointed aban- Cleveland urged a restoration of the Hawai- port) established, remained steadfastly neu- doned her and advised surrender. [See Appen- ian monarchy for partisan political reasons tral between the contesting political forces dix page 1 paragraph 5] to discredit the Harrison administration and in Hawaii in 1893. [See Appendix page 4 para- The Queen’s statement itself is cynical and the Republican Party. [See Appendix page 4 graph 1] false in many respects. She condemns the paragraph 3] Paragraph seven falsely indicts Minister Provisional Government for acts done Paragraph sixteen notes that the Provi- Stevens and naval representatives of aiding against the Constitution, whereas she had sional Government protested President and abetting the 1893 overthrow by invading provoked her overthrow by embracing anti- Cleveland’s celebration of the Hawaiian the Kingdom of Hawaii and positioning constitutional plans for a more monarchical monarchy and remained in power. Both ac- themselves near the Hawaiian Government and less democratic government. The Queen tions were morally and legally impeccable, buildings and the Iolani Palace to intimidate falsely asserts that Minister Stevens had de- and do not justify an apology. Queen Liliuokalani and her Government. clared that United States troops would sup- Paragraph seventeen notes the hearings of The ‘‘Morgan’’ report convincingly discredits port the Provisional Government. The Min- the Senate Foreign Relations Committee that indictment. It demonstrated that ister insisted on strict United States mili- into the 1893 overthrow; the Provisional Gov- United States forces were deployed solely to tary neutrality between contending parties. ernment’s defense of Minister Stevens; and protect American citizens and property. [See And the Queen audaciously insists that the its recommendation of annexation. Neither Appendix page 4 paragraph 1] United States should reinstall her to reign as the overthrow, nor Minister Stevens’ ac- Paragraph eight falsely insinuates that the an anti-democratic Monarch in lieu of a step tions, nor the Provisional Government’s an- overthrow of the Queen was supported only towards a republican form of government, nexation recommendation was reproachable by American and European sugar planters, akin to Slobodan Milosevic’s requesting the or justifies an apology. [See Appendix page 4 descendants of missionaries, and financiers. United States to restore him to power in paragraphs 2, 3] The Queen was abandoned by the majority of Serbia after his replacement by a democratic Paragraph eighteen notes that a treaty of Hawaiian residents, including Native Hawai- dispensation. [See Appendix page 4 para- annexation failed to command a two-thirds ians, because of her squalid plan to alter the graph 2, 3] Senate majority, an event that does not jus- constitution by illegal means to make the Paragraph ten falsely insists that the over- tify an apology from the United States. The government more monarchical and less throw of Queen Liliuokalani would have paragraph also falsely declares that the Pro- democratic. At best, the Queen was able to failed for lack of arms and popular support visional Government somehow duped the rally but a feeble resistance to defend her but for the active support and intervention Committee over the role of the United States anti-constitutional plans. A Provisional Gov- by the United States. The United States pro- in the 1893 overthrow, as though the Sen- ernment was readily established and main- vided no arms to the insurgents. The United ators could not think and evaluate for them- tained without the threat or use of over- States did not encourage Hawaiians to join selves. Finally, the paragraph wrongly con- whelming force, in contrast to the force Ka- the insurrection. The United States re- demns the overthrow as ‘‘illegal.’’ It was no mehameha brandished to establish the King- mained strictly neutral throughout the time more illegal in the eyes of domestic or inter- dom of Hawaii. [See Appendix page 1 para- period and events that precipitated the end national law than the overthrow of the Brit- graphs 1, 2, 3, 4, 5] of Monarchy and the beginning of a republic ish government in America by the United Paragraph nine falsely asserts that the ex- in Hawaii. [See Appendix page 4 paragraph 2] States in 1776. [See Appendix page 4 para- tension of diplomatic recognition to the Pro- Paragraph eleven falsely insinuates that graphs 2,3] visional Government by United States Min- Minister Stevens proclaimed Hawaii to be a Paragraph nineteen notes that the Provi- ister Stevens without the consent of the Na- protectorate of the United States on Feb- sional Government proclaimed itself the Re- tive Hawaiian people or the lawful Govern- ruary 1, 1893 as a coercive action. Minister public of Hawaii on July 4, 1894. The procla- ment of Hawaii violated treaties and inter- Stevens had raised the American flag over mation was legally and otherwise correct. national law. The international community government buildings at the request of the The declaration did not justify an apology by in general extended diplomatic recognition Provisional Government to deter threats to the United States. [See appendix page 4 para- to the Provisional Government. That was lives and property. The protectorate was re- graph 2,3] consistent with international law, which ac- quested, not imposed. The Harrison adminis- Paragraph twenty declares that on Janu- knowledges the right to overthrow a tyran- tration revoked the protectorate soon after, ary 24, 1895, the Queen while imprisoned was nical government. The Provisional Govern- which refutes the Apology Resolution’s as- forced by the to abdicate ment received the consent of Native Hawai- sumption that the United States government her throne. The forced abdication was thor- ians every bit as much if not more than did conspired to annex Hawaii. oughly defensible. The Queen had not accept- King Kamehameha I in establishing the Paragraph twelve neglects to underscore ed the new dispensation after her overthrow. Kingdom of Hawaii by force in 1810. In addi- that Democrat Congressman James Blount Thus, she was the equivalent of a Fifth Col- tion, international law does not require the on behalf of Democrat President Grover umnist to the legitimate government of Ha- consent of an overthrown government before Cleveland conducted an investigation of waii until abdication was forthcoming. extending diplomatic recognition to its suc- events that transpired under a Republican Paragraph twenty-one notes that in 1896, cessor. Thus, the Dutch recognized the administration which both hoped to discredit President William McKinley replaced Grover United States of America without the con- for partisan political purposes. Blount’s find- Cleveland. That democratic event provided sent of Great Britain whose colonial regime ings of abuse of diplomatic and military au- no excuse for an apology. had been overthrown. Similarly, the United thority and United States responsibility for Paragraph twenty-two notes that on July States extended diplomatic recognition to the overthrow of the Queen were meticu- 7, 1898, in the wake of the Spanish-American the new government regime in the Phil- lously discredited by the Morgan report the War, President McKinley signed the

VerDate Sep 11 2014 10:15 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK9\NO_SSN\BR14JN05.DAT BR14JN05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 12374 CONGRESSIONAL RECORD—SENATE June 14, 2005 Newlands Joint Resolution that provided for the . The Act created a the illegal overthrow of the Kingdom of Ha- the annexation of Hawaii. The annexation representative system of government, a waii. But not a crumb of evidence in the was perfectly legal and enlightened. It was great credit to the United States and far su- or the Morgan report or Queen no justification for an apology. perior to what the residents of Hawaii had Liliuokalani’s autobiography substantiates Paragraph twenty-three notes that the previously enjoyed under the Monarchy. [See the Church’s complicity. Further, the over- occasioned the cession Appendix page 5 paragraph 1] throw was as legal as was King of sovereignty over the Hawaiian Islands to Paragraph thirty notes that on August 21, Kamehameha’s creation of the Kingdom by the United States. That is no cause for an 1959, Hawaii became the 50th State of the conquest in 1810 or the overthrow of the Brit- apology. The same occurred in 1845 when United States. But it omits that 94 percent ish colonial government in America by the Texas was annexed to the United States by of voters in a plebiscite supported statehood, United States. Finally, the paragraph is si- joint resolution. The cession in both cases including an overwhelming majority of Na- lent on the substance of the ‘‘process of rec- was with the consent of the lawful govern- tive Hawaiians. In other words, in 1959 Na- onciliation’’ between the Church and Native ments of Hawaii and Texas, respectively. tive Hawaiians freely chose the sovereignty Hawaiians. [See Appendix page 2 paragraphs Paragraph twenty-four notes that the ces- of the United States. The elections could 1, 2, 3] sion included a transfer of crown, govern- have been boycotted if independence were de- Paragraph thirty-six repeats the false in- dictment of the overthrow of the Kingdom as ment, and public lands without the consent sired. [See, appendix page 5 paragraph 2] ‘‘illegal.’’ Congress absurdly expresses its of or compensation to the Native Hawaiian Paragraph thirty-one declares that the ‘‘deep regret’’ to the Native Hawaiian people people of Hawaii or their sovereign govern- health and well-being of Native Hawaiians is for bringing them unprecedented prosperity ment. But there as no race-based Native Ha- intrinsically tied to their deep feelings and and freedom. As noted above, even Senator waiian government, either then or pre- attachment to land. But the same can be Inouye in 1994 conceded the spectacular Ha- viously. The government was for Native Ha- said of every racial, ethnic, religious, or cul- waiian success story after annexation and waiians and non-Native Hawaiians alike. tural group. Scarlet O’Hara in Gone with the statehood. And since the State of Hawaii and Further, the Newlands Resolution specified Wind was passionately tied to Tara. Further, Native Hawaiians have never been es- that the revenues of the ceded lands gen- the observation does not deny that the tranged—Native Hawaiians have invariably erally ‘‘shall be used solely for the benefit of United States Constitution scrupulously pro- enjoyed equal or preferential rights under the inhabitants of the Hawaiian Islands for tects the rights of Native Hawaiians to law—the idea of a need for reconciliation educational and other public purposes.’’ honor their feelings and attachments to land voiced in the paragraph is nonsense on stilts. Compensation was not paid because nothing short of theft or trespass. [See Appendix page 2 paragraph 1] was taken from the inhabitants of Hawaii. Paragraph thirty-two counterfactually de- Section 1, paragraph (1) of the Apology Moreover, the United States assumed over clares that long-range economic and social Resolution falsely characterizes the over- 3.8 million dollars of Hawaii’s public debt, changes in Hawaii over the nineteenth and throw of the Kingdom of Hawaii as illegal, largely incurred under the monarchy, after early twentieth centuries have been dev- and falsely insinuates that sovereignty annexation. That debt burden amounts to astating to the population and to the health under the Kingdom rested with the Native twice the market value of the land the and well-being of the Hawaiian people. The Hawaiian people to the exclusion of non-Na- United States lawfully inherited [See Appen- Native Hawaiian population declined tive Hawaiians. As elaborated above, sov- dix page 3 paragraph 4] throughout the years of the Kingdom, but, ereignty rested with the Monarch; and, Na- Paragraph twenty-five notes that Congress since annexation in 1898, the native popu- tive Hawaiians and non-Native Hawaiians ratified the annexation and cession of Ha- lation has achieved steady growth. Senator were equal in the eyes of the law and popular waii, which required no apology. Daniel Inouye himself celebrated the health sovereignty. Paragraph twenty-six notes that treaties and prosperity of Hawaiians on the thirty- Section 1, paragraph (2) ridiculously com- between Hawaii and foreign nations were re- fifth anniversary of statehood in 1994: ‘‘Ha- mends reconciliation where none is needed placed by treaties between the United States waii remains one of the greatest examples of between the State of Hawaii and the United and foreign nations, which is customary multiethnic society living in relative peace.’’ Church of Christ and Native Hawaiians. [See under international law when one sovereign Indeed, no fair-minded observer would main- Appendix page 2 paragraphs 2, 3] replaces another. For example, Russia re- tain that Native Hawaiians would have been Section 1, paragraph (3) outlandishly placed the Soviet Union in its international more prosperous, free, and culturally ad- apologizes to Native Hawaiians for bringing treaty obligations following the disintegra- vanced if foreigners had never appeared in them the fruits of democracy and free enter- tion of the USSR. Hawaii and its people remained isolated from prise. It also falsely suggests that Native Ha- Paragraph twenty-seven notes that the the progress of knowledge. The Polynesian waiians to the exclusion of non-Natives en- Newlands Resolution effected the trans- nation of Tonga, which had a society and joyed a right to self-determination when in action between the Republic of Hawaii and economy striking similar to Hawaii’s in the fact all resident citizens of Hawaii were the United States Government, an observa- 1840s, chose to preserve its Polynesian cus- equal under the law. tion that required no apology. toms over progress. Today, Hawaii boasts a Section 1, paragraphs (4) and (5) prepos- Paragraph twenty-eight misleads by de- per capita income twenty times that of terously assert a need for reconciliation be- claring that Native Hawaiians ‘‘never di- Tonga. Moreover, Native Hawaiians would tween the United States and the Native Ha- rectly relinquished their claims to their in- probably have been swallowed up in the wave waiian people when there has never been an herent sovereignty as a people over their na- of Japanese colonialism had they not become estrangement. Indeed, a stunning majority tional lands to the United States, either citizens of the United States along with non- of Native Hawaiians voters supported state- through their monarchy or through a plebi- Native Hawaiians after annexation. [See Ap- hood in 1959 in a plebiscite. [See Appendix scite or referendum.’’ But sovereignty in the pendix page 5 paragraph 2] page 4 paragraph 3] Kingdom of Hawaii resided in the monarch, Paragraph thirty-three misleads by failing FLAG BURNING AMENDMENT not in the people. Further, the Kingdom was to underscore that the United States Con- Mrs. FEINSTEIN. Mr. President, a government for all the inhabitants of Ha- stitution fully protects the determination of today, we celebrate Flag Day, honoring waii, not only for Native Hawaiians. Non-Na- Native Hawaiians to practice and to pass on an enduring symbol of our democracy, tive Hawaiians enjoyed a much inherent sov- to future generations their cultural identity. of our shared values, of our allegiance ereignty as Native Hawaiians, and enjoyed The sole element of cultural identity that to justice, and of those who have sac- an equal claim to national lands. Further, the United States cannot and will not tol- rificed to defend these principles. Native Hawaiians overwhelmingly voted for erate is racial discrimination, whether prac- On this day, I renew my support for statehood in 1959, which constituted a vir- ticed by whites against blacks during Jim tual referendum on United States sov- Crow or by Native Hawaiians against non- S.J. Res. 12, a resolution that would let ereignty. Finally, neither domestic nor Native Hawaiians today. the people decide whether they want a international law recognizes a right to a Paragraph thirty-four outlandishly asserts constitutional amendment to protect plebiscite before a transfer of sovereignty. In that the Apology Resolution is necessary to the American flag. America, for example, sovereignty was trans- promote ‘‘racial harmony and cultural un- Many moving images of the flag are ferred from Great Britain to the United derstanding.’’ Indeed, the Resolution has etched into our Nation’s collective con- States without a plebiscite or the consent of yielded the opposite by giving birth to the science. We are all familiar with the the British-controlled colonial governments. race-based Akaka Bill. As Senator Inouye image of marines raising the flag on The Akaka Bill’s proponents themselves do acknowledged in 1994, Hawaii stands as a Iwo Jima, with the New York fire- not advocate a plebiscite to grant sov- shining example of racial harmony and the ereignty to the Native Hawaiian people. [See success of America’s legendary ‘‘melting fighters raising the flag amid the de- Appendix page 3 paragraphs 2,3,4 pot.’’ [See Appendix page 5 paragraph 2] bris of the World Trade Center and Paragraph twenty-nine notes that on April Paragraph thirty-five notes an apology by with the large flag that hung over the 30, 1900, President McKinley signed the Or- the President of the United Church of Christ side of the Pentagon while part of it ganic Act that provided a government for for the denomination’s alleged complicity in was rebuilt after 9/11.

VerDate Sep 11 2014 10:15 Feb 02, 2017 Jkt 000000 PO 00000 Frm 00048 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 12375 It is more than a piece of material to country. It is time to let the people de- U.S. Drug Enforcement Administration of- so many of us. For our veterans, the cide. ficials say superlabs operated by Mexican drug trafficking organizations now produce flag represents what they fought for— f democracy and freedom. Today there about 65 percent of all meth sold in the COMBATING METHAMPHETAMINE United States. But the number of superlabs are almost 300,000 troops serving over- EPIDEMIC seized in the United States has been falling seas, putting their lives on the line dramatically in recent years. There were 53 every day fighting for the fundamental Mr. WYDEN. Mr. President, it is seized last year, down from 244 in 2001, ac- principles that our flag symbolizes. clear that legislation is needed to com- cording to the DEA. Agency officials say the Last December, I traveled to Iraq and bat the methamphetamine epidemic reason is that Mexican traffickers increas- met with some of the brave men and sweeping my State and much of the ingly are moving their superlabs south of the women in the Armed Forces who are country. This drug is destroying the border. In Oregon, only a handful of superlabs—de- stationed there. We flew out of Bagh- lives of the people abusing it, their families and their communities. For fined as a lab capable of producing at least 10 dad on a C–130 that we shared with a pounds a batch—are uncovered each year, ac- flag-draped coffin being accompanied years, the problem has been talked cording to Sgt. Joel Lujan of the Oregon by a military escort. about, but not enough has been done. State Police drug enforcement section. This was very moving. It showed To draw attention to Oregon’s meth ‘‘Most of the labs that we’re finding are clearly how significant the meaning of crisis, my colleague Senator SMITH and going to be the tweaker labs,’’ Lujan said, the flag is and why protecting it is so I will be periodically coming to the referring to labs run by meth users for their important. Senate floor to talk about the meth own consumption. Those labs typically problem in our State. produce less than an ounce of meth at a In the 1989 case Texas v. Johnson, the time. Supreme Court struck down a State Today, I would like to introduce a re- A single dose of meth is one-tenth of a law prohibiting the desecration of cent newspaper article from the Orego- gram. Ninety pounds of pure meth would American flags in a manner that would nian. The June 1 article describes a po- make 400,000 doses; if cut to street purity of be offensive to others. The Court held lice bust of ‘‘a massive methamphet- 50 percent, it would make 800,000 doses. that the prohibition amounted to an amine lab capable of producing 400,000 Drug agents arrested 15 people in connec- impermissible content-based regula- doses of pure meth at a time—enough tion with the Brownsville case, according to to intoxicate the entire adult popu- Immergut’s office. Most were Mexican citi- tion of the first amendment right to zens living in Salem. free speech. Until this case, 48 of the 50 lation of Portland.’’ The bust was one Details of how the investigation unfolded States had statutes preventing burning of the largest in Oregon history. This is remained sketchy Tuesday. Salem Police or otherwise defacing our flag. the good news. The bad news is that Sgt. Pat Garrett, a member of the U.S. Drug After the Johnson case was decided, this lab had been in business for at Enforcement Administration task force in- Congress passed the Flag Protection least five months—producing and dis- volved in the case, said agents were inves- Act of 1989, which sought to ban flag tributing thousands of doses of meth. tigating some of the suspects for several months. Surveillance led agents to the mo- desecration in a content-neutral way Despite successes like this bust, the meth epidemic is getting worse, not bile home in Brownsville. that would withstand judicial scrutiny. ‘‘We had people we believed to be involved Nevertheless, the Supreme Court jus- better. Congress cannot wait any in the production of methamphetamine who tices struck down that Federal statute longer to act—we have a duty to ad- led us to the lab site,’’ Garrett said. as well. dress this crisis now. Enough is Stains on the walls of the mobile home It is clear that without a constitu- enough. It is critical that the Congress suggested the lab operators were making tional amendment there is no Federal pass and the President sign the Combat meth inside, but much of the lab’s equipment Meth Act, on which Senator SMITH and and chemicals were in storage outside the statute protecting the flag which will home. pass constitutional muster. I are original cosponsors. We must also In addition to three pounds of finished S.J. Res. 12 would not ban flag burn- fully fund the High Intensity Drug meth and $195,000 in cash, agents found 150 ing. It would not ban flag desecration. Trafficking Area program and the pounds of iodine and 20 to 30 pounds of red This amendment would do one thing Byrne Grant program. These initia- phosphorous. Those chemicals make it pos- only: give Congress the opportunity to tives provide much needed reforms and sible to convert pseudoephedrine, a common construct, deliberately and carefully, much needed funds, which will help cold remedy ingredient, to methamphet- give communities in Oregon and across amine. precise statutory language that clearly Garrett said the lab operators had finished defines the contours of prohibitive con- the Nation the tools they need to fight their latest batch Wednesday. duct. this terrible problem. ‘‘There was no more pseudoephedrine left,’’ Some critics say that we are making I ask unanimous consent that the Garrett said. ‘‘They had done their cook and a choice between trampling on the flag full text of the Oregonian article be finished the product and were waiting to do and trampling on the first amendment. printed in the RECORD. the next cook.’’ Five 22-liter flasks, used to create the I strongly disagree. There being no objection, the mate- rial was ordered to be printed in the pseudoephedrine reaction, were found in a Protecting the flag will not prevent nearby rental truck, where they had appar- RECORD, as follows: people from expressing their points of ently been stored. view. I believe a constitutional amend- [From the Oregonian, June 1, 2005] Experts said each 22-liter flask can ment returning to our flag the pro- POLICE BUST METH SUPERLAB produce, at most, 15 pounds of meth at a tected status it has had through most (By Steve Suo) time, for a total of 75 pounds. But Garrett of this Nation’s history, and that it de- Oregon police and federal agents have dis- said the lab operators had enough chemicals serves, is consistent with free speech. mantled a massive methamphetamine lab ca- to make 90 pounds of meth if they ran the flasks simultaneously and replenished some I do not take amending the Constitu- pable of producing 400,000 doses of pure meth at a time—enough to intoxicate the entire as the reaction unfolded. tion lightly. It is serious business and Five of the 15 people arrested were charged adult population of Portland. we need to tread carefully. But the Officials said the ‘‘superlab’’ was discov- with conspiracy to manufacture meth. Sonia Constitution is a living text. In all, it ered Thursday in the Willamette Valley Violet Garcia, 20, of Brownsville, was ar- has been amended 27 times. town of Brownsville. The lab was at a mobile raigned Friday. Four others, all Salem residents, are Securing protection for this powerful home on a rural, 10-acre property and was scheduled to make initial court appearances symbol of America would be an impor- capable of producing 90 pounds of pure meth- today: Arturo Arevalo-Cuevas, 22; Miguel amphetamine in a 48- to 72-hour period. tant, but very limited, change to the Silva Chava, 26; Venancio Villalobos-Soto, The lab had been in operation for at least Constitution. It is a change that would 40; and Adriana Arevalo-Cuevas, 29. leave both the flag and free speech safe. five months, according to indictments filed in federal court in Portland. f Now it is time to give Americans the The find, which U.S. Attorney Karin J. NATIONAL HISTORY DAY opportunity to amend the Constitution Immergut described as one of the largest for something that we all agree is sa- labs in Oregon history, was extremely un- Mr. SARBANES. Mr. President, I am cred to so many people all across this usual in a number of ways. very pleased today to acknowledge two

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