WHY ALL AMERICA SHOULD OPPOSE S.344 AND H.R.4282 (formerly H.R.665), THE HAWAIIAN RECOGNITION BILL (now also called the Native Hawaiian Government Reorganization bill)

** This webpage from 2004 is preserved for historical purposes because other webpages link to it. In the 108th Congress (2003-2004) the bill was first called the Native Hawaiian Recognition Bill and had bill numbers S.344 and H.R.665. Later, in 2004, the title of the bill was changed to Native Hawaiian Government Reorganization bill, and its House number changed to H.R.4282 while the Senate number remained S.344.

** In the 109th Congress (2005-2006), the bill will have new bill numbers and perhaps a new name (they can't quite figure out how to make the bill seem right when it is so wrong!). The new national summary of what's wrong with the bill will therefore have a new webpage. Please go to:

Here's the former national summary of what's wrong with the "Akaka bill" from 2004.


The Hawaiian Recognition bill, S.344 and H.R.4282, is highly controversial, unconstitutional, and dangerous to all 50 states. Also known as the Akaka bill, it would give federal recognition to a phony Indian tribe invented out of thin air. The purpose is to protect over 160 race-based programs under court challenge because of a Supreme Court decision. It would carve up Hawai'i by race, and set a precedent for similar balkanization throughout America. 20% of Hawai'i's people, completely integrated and intermarried, living working and praying side by side with everyone else throughout all neighborhoods, would be singled out by law solely because they have a drop of native blood, and given a new government. Most have less than 25% native blood. Many of them oppose the whole idea of a race-based government. But if the bill passes Congress, a race-based government can be created to protect the wealth and power of some ethnic Hawaiians and to keep federal dollars flowing to Hawai'i. There will never be a vote by all ethnic Hawaiians or by all Hawai'i's people on this issue. Ethnic Hawaiians who sign up for the "tribe" get to vote for a "tribal" council and get federal recognition; ethnic Hawaiians who oppose it (probably a majority), and the remaining 80% of Hawai'i's people, are shut out.

The Hawaiian "tribe" would be the largest in America, with 400,000 possible members. 240,000 of them live in Hawai'i, 60,000 in California (more than any current California tribe), and 100,000 in the other 48 states. This huge "tribe" would compete against genuine tribes for federal handouts at the expense of all America's taxpayers. Hawai'i Senators Inouye and Akaka have sat on the Senate Indian Affairs Committee for many years, even though there have never been any tribes in Hawai'i. They constantly insert "Native Hawaiians" into legislation intended to benefit real Indians and Alaska natives. Because of court challenges, they now want Congress to make it official that "Native Hawaiians" are federally recognized as a tribe. All Hawai'i politicians, both Democrat and Republican, favor the bill to make all America's taxpayers keep sending money to Hawai'i!

The precedent set by the Hawaiian Recognition bill would strengthen demands by millions of "indigenous" people throughout the U.S. not currently eligible for tribal membership, casinos, or government handouts to form new federally recognized tribes simply because they have a drop of Indian blood. Their people and businesses living on "tribal" lands would be exempt from federal and state income tax, sales tax, environmental regulations, and civil and criminal laws; and would be subjected to whatever laws are created by "tribal" government insiders without recourse to U.S. Constitutional protections. Indian groups throughout America are claiming special rights to race-based control of "sacred places." In Hawai'i, the old pagan religion is being revived and used to support political claims for racial supremacy in land use policy, based on a sacred geneological family relationship among the gods, the ethnic Hawaiians, and all the lands of Hawai'i.

The balkanization of America is already well underway through racial and ethnic identity politics. The California governor recall election showed this dramatically. Cruz Bustamante got huge campaign contributions from California Indian tribes who expected him to protect their special interests -- the money came from untaxed tribal income from casinos and tribal businesses. Bustamante's enthusiastic membership in a radical hispanic group drew major attention -- MEChA claims a right to organize a race-based nation for all people having any Aztec (Mexican) ancestry, converting California, Arizona, New Mexico, and Texas (all former Mexican territory) into a new independent Nation of Aztlan. The legal and moral basis for doing this is similar to the rationale for the Hawaiian bill -- historical grievances against the U.S. and demands for money and power for allegedly poor, downtrodden "indigenous" people. Other nations have suffered grievously because of laws and government policies establishing racial supremacy. Fiji, with a history similar to Hawai'i, enforces Native Fijian racial supremacy over descendants of Asian sugar plantation workers through a legal system resembling what Hawaiian sovereignty activists are seeking.

Please demand that your Senators and Representatives oppose S.344 and H.R.4282, the Hawaiian Recognition bill. Join with Senator Kyl (R, AZ) who wrote a letter to his constituents explaining why he opposes S.344 (see below). Join with Senator Craig (R, ID) who wrote a lengthy message on behalf of the Senate Republican Policy Committee asking Senators to vote against it. Join with Congressman James Sensenbrenner (R, WI), Chairman of the House Judiciary Committee, who wrote a letter to Speaker Hastert demanding that the bill be killed, or referred to his committee for hearings on its unconstitutionality. The Wall Street Journal wrote an editorial against the bill, entitled "A Bright Line on Race." But despite all this opposition, a very powerful Senator Inouye (D, HI) continues making backroom deals and trading votes, and an agency of the Hawai'i state government is spending millions lobbying for the bill. That's why your opposition to this bill must be communicated to your Senators and Representatives.

Further information and documentation of facts is available below, and on a large webpage at:



In U.S. Census 2000, more than 400,000 people nationwide checked the box for “Native Hawaiian.” If the Hawaiian bill passes, the newly recognized “tribe” would instantly become the largest tribe in America, competing against genuine tribes for government handouts. A spreadsheet created from Census 2000 data shows 240,000 "Native Hawaiians" comprising about 20% of Hawai’i’s population; plus 60,000 in California, plus another 100,000 scattered among the remaining 48 states.

Hawaiian Nationalism, Chicano Nationalism, Black Nationalism, Indian Tribes, and Reparations -- S.344/H.R.665 (The Native Hawaiian Recognition Bill) Sets a Precedent for the Balkanization of America

Hawai'i's Fifth Column: Anti-Americanism in the Hawaiian Sovereignty Movement

Affirmative Action Gone Berserk -- Racial Entitlement Programs in Hawai'i, and the Attempt to Create a Phony Indian Tribe to Defend Them

The Hawaiian Recognition bill (aka Akaka bill) is pork barrel ethnic politics at its worst. The primary purpose of the bill is to protect racial entitlement programs which otherwise will be ruled unconstitutional by the courts.

On February 23, 2000 the Supreme Court in Rice v. Cayetano, 120 S.Ct. 1044 (2000), ruled that it is contrary to the 15th Amendment for the State of Hawai'i to conduct racially segregated elections where only ethnic Hawaiians could vote for trustees of the state government agency "Office of Hawaiian Affairs." The decision explicitly identified "Hawaiian" and "Native Hawaiian" as racial categories, not political entities. Legal challenges are now underway to invalidate government programs exclusively for "Native Hawaiians" on the grounds such programs are government-sponsored racial discrimination in violation of the 14th Amendment equal protection clause. All sides agree these lawsuits will probably be successful, but defenders of race-based programs hope to moot (nullify) the Rice decision and the on-going lawsuits by passing the Hawaiian Recognition bill to arbitrarily declare that ethnic Hawaiians are an Indian tribe. For information about Rice v. Cayetano, see:

Over 160 Hawaiian racial entitlement programs are slowly but inexorably coming under attack in the courts because they are unconstitutional under the 14th Amendment equal protection clause. There are literally Billions of dollars (yes, with a B!!) in racially exclusionary programs benefitting ethnic Hawaiians. To see a list of many of these programs , and how much money was spent on each in year 2000 and a few immediately preceding years, go to:

Ethnic Hawaiians are deeply divided among themselves regarding whether to support or oppose the Hawaiian Recognition bill. Native Hawaiian Opposition to the Native Hawaiian Recognition bill is important, and it is growing. When the people who will allegedly benefit from legislation say they don’t want it, everyone should listen carefully. Public statements in opposition, and photographs of protestors, are provided. See:

Indian groups throughout America are claiming special rights to race-based control of "sacred places." In Hawai'i, the old pagan religion is being revived and used to support political claims for racial supremacy in land use policy, based on a sacred geneological family relationship among the gods, the ethnic Hawaiians, and all the lands of Hawai'i.

Alaska Senator Ted Stevens is a co-sponsor of the Hawaiian Recognition bill, in return for Hawai'i Senators Inouye and Akaka supporting oil drilling in the Arctic National Wildlife Refuge. The Arctic North Slope Corporation (Inupiat tribe) has contributed big bucks to the Council for Native Hawaiian Advancement in support of the Hawaiian Recognition bill.

People throughout the United States have good reason to oppose the Hawaiian Recognition bill. For a detailed analysis of why this bill should be of great concern to all Americans, see:

A careful, lengthy point-by-point analysis of the bill by Honolulu attorney Paul M. Sullivan:

Text and Analysis of Bush Administration Actions and Statements on Hawaiian Recognition Bill: December 6, 2001 Dept. of Interior Markup; September 6, 2002 statement by Secretary of Interior Gail Norton; DOJ at first blocks race-based funds and warns Senate committees regarding including "Native Hawaiians" in pending legislation but then backs off:

Both racial separatism and ethnic nationalism in the Hawaiian sovereignty movement are characterized by the same underlying attitudes: hostility toward the United States and racism toward people who have no Hawaiian blood. Public statements illustrating the core attitudes are provided.

In 1993 Congress passed a resolution of sentiment commonly known in Hawai’i as the “apology bill.” The resolution was passed at the request of the Hawai’i delegation to commemorate the 100th anniversary of the overthrow of the monarchy in Hawai’i. The resolution gave an apology for the minor role of the U.S. in that event, using flowery language filled with factual inaccuracies. A recorded vote was taken in the Senate, but not in the House. Resolutions of sentiment usually pass unanimously, or with very little opposition. But this resolution was so outrageous that 34 Senators had the courage to take the “politically incorrect” step of voting against it. 14 of those Senators are still sitting in the Senate in 2003. Hopefully they will understand why it is important to oppose the Hawaiian Recognition bill. For a spreadsheet showing the names and contact information for these 14 remaining members of the Honor Roll, see:

If the Akaka bill passes, it would have disastrous effects on local businesses and local communities. Some of those effects are described here:

If the Akaka bill passes, it will severely damage the democratic and constitutional rights of ethnic Hawaiians, both those who join the tribe and those who do not. See:

Other nations have suffered grievously because of laws and government policies establishing racial supremacy. See:

Fiji, with a history similar to Hawai'i, enforces Native Fijian racial supremacy over descendants of Asian sugar plantation workers through a legal system resembling what Hawaiian sovereignty activists are seeking. See:


In September, 2003 Senator Kyl (R, AZ) sent a letter to his constituents explaining his reasons for opposing S.344. Complete text of that letter, and the reasons why he sent it:

Congressman Sensenbrenner (R,WI), Chairman of the House Judiciary Committee, wrote a letter in July, 2001 to Speaker Hastert asking that the bill either be killed or else referred to his committee for hearings because of grave concerns that it is unconstitutional.

In December 2001 A lengthy memo was sent by Senator Craig (R,ID), on behalf of the Senate Republican Policy Committee, to all the Senators severely criticizing the bill as unconstitutional and strongly rebuking Senator Inouye’s stealth tactic of burying it inside the Defense Appropriations bill.

Connecticut Senators Dodd and Lieberman, and Attorney General Blumenthal, oppose having more (phony) tribes recognized. Logical consequence -- defeat Akaka bill, which would make tribal recognitions easier. Connecticut Attorney General’s letter to Senator Inouye describes the bad consequences of tribal recognitions for states and local communities.

There have been numerous articles (and letters to editor) opposing the Native Hawaiian Recognition bill published in newspapers and magazines. Here are some of the most important articles, selected because they appeared in media of nationwide circulation or because they provide especially clear analysis. The articles include "A Bright Line on Race" editorial in THE WALL STREET JOURNAL of October 2, 2000; a commentary in THE NATIONAL REVIEW, September 6, 2001, by Roger Clegg, general counsel at the Center for Equal Opportunity; an article "Hawaiian Apartheid" was published in many venues by nationally syndicated conservative writer Michelle Malkin; "Hawaiian Sovereighty: 3 Alternatives, No Choice" by Kenneth R. Conklin, Ph.D.; “Akaka Bill unlikely to survive challenge” by Honolulu attorney Paul M. Sullivan; “A Race to Racism? Ascribe It To Tribe” by Honolulu attorney Paul M. Sullivan Full text of these articles, and their source citations, are available at:





Email: ken_conklin@yahoo.com