Ka Wai Ola - Office of Hawaiian Affairs, Volume 18, Number 4, 1 April 2001 — Mysterious Hawaiians [ARTICLE+ILLUSTRATION]

Mysterious Hawaiians

Recent events that have occurred are unfortunate when the Rice case resulted in an opinion by the Supreme Court that OHA was subject to the terms of the U.S. Constitution with no special exemptions. Because there were amendments to it designed in 1 870 to address slavery or the freed slaves after the U.S. Civil War of 1860. Because Hawai'i had no slavery then, nor since then, the application is inappropriate. We have had mysterious Hawaiians who have eome out to support the ruling to the detriment of a unified position and benefit to the fabric of 'ohana. This eame up in the Legislature and in the news papers by those who elaim to be Hawaiian, in the former case using an argument of bloodquantum and the latter ,case, for Hawaiians to stop expecting benefits and to pull oneself up and compete with everybody else, forget heritage. The judgement of the Supreme Court is at question, having appar-

ently given the U.S. Presidency away to a candidate who received about a half-million votes less than his opponent. Or the voice of that many valid voters did not have their right to be counted, and their civil rights denied. Months later the SuDreme Court

ruling is again at question because now the crucial Florida state's 25 electoral votes appear to be in favor of loser A1 Gore by a wide margin and the court doesn't appear to be infallible. Further, the Congress makes

laws and the court examines laws for constitutionality. In this case the court ruling seems to be making law contrary to the court's function and the division of powers. The court's narrow inter-

pretation did not make law per se. Rather, the congress would have to specifically legislate what OHA practices are under annexation. And the terms of the 1898 Annexation allude to this as, "the laws of the United States shall not apply to Hawai'i, rather

Congress shall legislate special laws for this purpose at some future time." Perhaps the time has not eome, due to the failure of acquiring title to Hawai'i as pointed out in the 1898 Annexation proceedings in Congress when

General John Schofield testified that, "unless we acquire title to those islands at some future time we will have lost them forever," and appears to be the case. Now there are more court maneu-

verings attempting to close down OHA, its programs and other supportive Hawaiian agencies functions. The opposition forces are pursuing with "legal" representatives and allies in applying white, conservative dogma who want a race-blind society that ignores the historical past. As if we are all suddenly equal and without any heritage to appreciate and cherish. OHA in effect is representing the political body succeeding to all of the past rulers of Hawai'i who were all nationalist, that ended with the constitutional monarchs of the 19th century, onee they were forcibly deposed by military intervention and having the deposer's (overthrower's) laws then being applied to Hawai'i and all its people. One avenue that should be pursued for benefit, is to have all mysterious Hawaiians work in concert rather than at odds toward differing purposes. ■ *

The opposition forces are pursuing with "legaT' representatives and allies in applying white, eonservative dogma who want a race-blind society that ignores the historical past.

Charles Ota

Trustee, Maui