By Kevin Boyd
The Obama Administration is once again preparing to use the power of the pen to create new law. It’s a move that could wreck havoc on race relations in the United States
Fifty years after the end of Jim Crow, a law which enabled racial segregation in parts of the country, the Secretary of the Interior is considering creating a separate racial state for Native Hawaiians. From the Cato Institute:
In a classic Friday-afternoon news dump – and on the eve of a holiday weekend, no less – the Interior Department issued an advance notice of proposed rule-making (ANPR) to “solicit public comments on whether and how the Department of the Interior should facilitate the reestablishment of a government-to-government relationship with the Native Hawaiian community.”
This would be an end-run around both Congress and the Constitution, marking the first step toward the creation of a race-based government in Hawaii.
Further investigation by a Hawaiian think tank reveals that the Administration has been planning its new proposal since 2012.
This alarming move raises several very important questions:
#1 – Where does the Obama administration get the authority to establish such a government without the consent of Congress?
#2 – Would such a racially-based government violate the 14th and 15th Amendments, which protect against the violation of due process and racial discrimination?
#3 – Would this be extended to other racial and ethnic groups?
#4 – Does this just pour gasoline on the fire of Hawaii’s independence movement?
In other words, this seems like a needlessly divisive action by the Obama administration that could have major consequences for the country.