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House Proceeding 02-23-10 on Feb 23rd, 2010 :: 0:24:10 to 0:37:20
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Doc Hastings

0:24:07 to 0:24:29( Edit History Discussion )

Doc Hastings: responsibility toward indigenous people residing in the united states and vote for this bill. and i reserve the balance of my time. the speaker pro tempore: the gentleman from west virginia reserves. the gentleman from washington is recognized. mr. hastings: thank you, mr. speaker. mr. speaker, i yield myself such time as i may consume. i ask unanimous consent to revise and extend my remarks. the speaker pro tempore: without objection. the gentleman is recognized. mr. hastings: thank you, mr. speaker.

Doc Hastings

0:24:10 to 0:37:20( Edit History Discussion )
Speech By: Doc Hastings

Doc Hastings

0:24:30 to 0:24:50( Edit History Discussion )

Doc Hastings: mr. speaker, i rise in opposition to h.r. 2314 and the substitute text that will be offered by my good friend from hawaii, mr. abercrombie. mr. speaker, at the outset of this debate, it's important for all members to understand that the substitute text that they will be voting on today has

Doc Hastings

0:24:51 to 0:25:12( Edit History Discussion )

Doc Hastings: fundamentally changed from the original bill that the house voted on in 2007. this rewritten text, the abercrombie substitute, was drafted behind closed doors away from public view. it was unveiled less than 48 hours before we in the house were to be debating and voting on that substitute.

Doc Hastings

0:25:13 to 0:25:33( Edit History Discussion )

Doc Hastings: regrettably, mr. speaker, this lack of transparency has become the standard operating procedure for this democratic controlled house. mr. speaker, i'm certain we will hear appeals from the bill's advocates that the vote on this bill should not be a partisan manner. i would agree. this is not a partisan manner.

Doc Hastings

0:25:34 to 0:25:55( Edit History Discussion )

Doc Hastings: rather it is the question of what is right and constitutional. but appeals to nonpartisanship ring home when the bill was rewritten in secret by just one party and then rushed to the floor with little time for scrutiny by the minority. but more importantly, mr. speaker, little time for

Doc Hastings

0:25:56 to 0:26:17( Edit History Discussion )

Doc Hastings: scrutiny by the american people or the citizens of hawaii. there's nothing more troubling about the house voting on a fundamentally rewritten bi than the position made public by the governor of hawaii. something is very wrong when that governor, a longtime vocal advocate for the native

Doc Hastings

0:26:18 to 0:26:40( Edit History Discussion )

Doc Hastings: hawaiian recognition, feels compelled to issue a statement last night that she can't support this rewritten bill. now, the governor and i disagree on the fundamental question of recognition. i want to make that clear. just as i fundamentally

Doc Hastings

0:26:41 to 0:27:03( Edit History Discussion )

Doc Hastings: disagree my good friend from hawaii, mr. abercrombie. this governor has long supported, as i mentioned, the concept of native hawaiian recognition and the original intent -- the original text of the bill. let me explain the difference between the underlying bill which is basically what the

Doc Hastings

0:27:04 to 0:27:24( Edit History Discussion )

Doc Hastings: house passed in the 110th congress, and the abercrombie amendment in the nature of a stub city tute. this is very -- substitute. this is very important, mr. speaker. to extend recognition to the native hawaiians entity by withheld any tribal powers, such as immunity from lawsuit

Doc Hastings

0:27:25 to 0:27:45( Edit History Discussion )

Doc Hastings: and state jurisdiction until after negotiations with and the consent of the ate of hawaii and this congress. though this does not resolve my fundamental objection to the bill, it was an arrangement that drew the strong support of governor lingle of hawaii.

Doc Hastings

0:27:46 to 0:28:06( Edit History Discussion )

Doc Hastings: in contrast, the substitute alters this fundamental nature of the bill. let me quote the words of the governor of hawaii, governor linda lingle, used to describe this rewrite. and i quote, the current bill establishes that the native hawaiian governing entity would start with broad governmental

Doc Hastings

0:28:07 to 0:28:27( Edit History Discussion )

Doc Hastings: powers and authorities and negotiate -- with negotiations to follow, end quote. again, the original bill starts with negotiations. followed by a grant of powers and authority that are subject to the consent of the state. but the substitute starts with the grant of powers and authority without the consent

Doc Hastings

0:28:28 to 0:28:49( Edit History Discussion )

Doc Hastings: of the stat followed by negotiations for yet more benefit and let me be specific, mr. speaker, in two instances. first, section 9 of the substitute clearly spells out the powers granted to the native american government entity before negotiations without the consent of the state.

Doc Hastings

0:28:50 to 0:29:11( Edit History Discussion )

Doc Hastings: it is immunity from any lawsuit in any federal or state court with only minor exceptions. second, it is that governmental activities pursued by the endity or its employees shall not be subject to state regulatory -- entity or its employees shall not be subject to state regulatory or authority. it suggests that the state

Doc Hastings

0:29:12 to 0:29:32( Edit History Discussion )

Doc Hastings: criminal authority will not even apply to officers and employees of the native hawaiian governing entity as long as they are acting within the scope of their duties. to once again quote from the governor of hawaii's statement from last night. quote, i do not believe such a structure of two completely

Doc Hastings

0:29:33 to 0:29:53( Edit History Discussion )

Doc Hastings: different sets of rules, one for governmental activities of the native hawaiian governing entity and its officers and employees and one for everyone else makes sense for hawaii. quoting further. in addition, under the current bill the native hawaiian governing entity has almost complete sovereign immunity

Doc Hastings

0:29:54 to 0:30:14( Edit History Discussion )

Doc Hastings: from lawsuits including from ordinary tort and contract lawsuits. and i do not believe this makes sense for the people of hawaii. end quote. and i'm quoting from governor leaningle. without question, -- governor lingle. without question, this rewrittenill strikes to the heart of hawaii's authority to enforce health and

Doc Hastings

0:30:15 to 0:30:36( Edit History Discussion )

Doc Hastings: environmental regulations, taxes and criminal law enforcement equally among its citizens. congress should not be a party to imposing this upon this state or for that matter any state. yet, despite the state of hawaii's concerns with the rewritten bill, here we are tonight debating it on the

Doc Hastings

0:30:37 to 0:30:58( Edit History Discussion )

Doc Hastings: house -- on the floor of the house of representatives. this legislation violates, also in my view, the united states constitution because it establishes a separate race-based government of native hawaiians. the authors and advocates of this bill have argued that native hawaiian recognition is no different than congress recognizing an indian tribe.

Doc Hastings

0:30:59 to 0:31:21( Edit History Discussion )

Doc Hastings: and yet, mr. speaker, they are very important and real differences. native hawaiians are not and never have been meers of an indian tribe. native hawaiians do not share the same political and legal history as federally recognized indian tribes. theistorical record on this

Doc Hastings

0:31:22 to 0:31:42( Edit History Discussion )

Doc Hastings: point is very, very clear. for example, in the hawaii organic act of 1900, section 4 states that all persons, all persons who are citizens of the republic of hawaii in 1898 were declared citizens of the united states and citizens of the territory of hawaii.

Doc Hastings

0:31:43 to 0:32:04( Edit History Discussion )

Doc Hastings: mr. speaker, if congress then believed it was recognized in the existence of a separate native hawaiian community, the organic act would have expressly reflected this. instead, all hawaiians were recognized as full citizens. now, mr. speaker, this is in stark contrast to our nation's history of less than equal

Doc Hastings

0:32:05 to 0:32:26( Edit History Discussion )

Doc Hastings: treatment of individual indians and indian tribes. but try as we might, congress cannot revise historical and political facts. h.r. 2314 attempts to do just this, to rewrite legal history. mr. speaker, this observation is shared by constitutional and

Doc Hastings

0:32:27 to 0:32:47( Edit History Discussion )

Doc Hastings: civil rights experts. for example, in its 7-2 decision, the supreme court in rice vs. kaitono, commented on the proposition of native hawaiian recognition saying that, and i quote from that case, would raise questions of considerable moment and difficulty. it is a manner of some dispute

Doc Hastings

0:32:48 to 0:33:08( Edit History Discussion )

Doc Hastings: whether congress may treat the native hawaiians as it does indian tribes, end quote. just yesterday the u.s. commission on civil rights reiterated its standing opposition to any legislaon, and i quote, from the commission, that would discriminate on the basis of race or national origin and

Doc Hastings

0:33:09 to 0:33:30( Edit History Discussion )

Doc Hastings: further subdivide the american people into discreteubgroups according to varying degrees, end quote. mr. speaker, in 1959, a vote was taken in hawaii on the question of becoming a state. over 94% voted in favor of statehood. in other words, citizens of

Doc Hastings

0:33:31 to 0:33:52( Edit History Discussion )

Doc Hastings: hawaii voted overwhelmingly to join our union as one unified state. today under this bill, congress will be -- will vote on dividing the state of hawaii through the creation of a separate government entity based solely on race. if congress is going to impose this division on hawaii over

Doc Hastings

0:33:53 to 0:34:14( Edit History Discussion )

Doc Hastings: the objections of its governor, then i believe the citizens of hawaii themselves deserves to have a vote on this matter. in a zogby poll from december, 2009, a couple months ago, only 34% of hawaiians supported the concept of the federal government imposing a new

Doc Hastings

0:34:15 to 0:34:36( Edit History Discussion )

Doc Hastings: racially based subpopulation of citizens on the islands. like their fellow hawaiians who voted overwhelmly for statehood in 1959, hawaiians today want a say on their archipelago. the same poll found that 58% wanted a statewide vote on this issue.

Doc Hastings

0:34:37 to 0:34:58( Edit History Discussion )

Doc Hastings: now, mr. speaker, i have an amendment that i'll offer that will require just such a statewide vote. and i pe all members will join me in adopting that amendment. as i noted at the outset of my remarks, the house last voted on native hawaiian recognition in 2007. i want to reiterate today, mr.

Doc Hastings

0:34:59 to 0:35:20( Edit History Discussion )

Doc Hastings: speaker, that we will be voting on a different bill today. the 2007 legislation was rewritten. i believe the changes today are so fundamentally different from those that those members who voted yes in 2007 should take the time to reconsider their vote. and there is another compelling

Doc Hastings

0:35:21 to 0:35:42( Edit History Discussion )

Doc Hastings: reason for reconsideration. when the governor of hawaii, the state that is impacted, has gone from an enthusiastic supporter of the 2007 bill to not supporting this rewritten bill. i hope many of my colleagues will recognize this dramatic change from just under three years ago.

Doc Hastings

0:35:43 to 0:36:05( Edit History Discussion )

Doc Hastings: the governor remains a committed supporter of native hawaiian recognition. her position has not changed. it is the bill that has been fundamentally changed and rewritten. like the governor who suported the 2007 bill, they, too, have good reason to oppose this

Doc Hastings

0:36:06 to 0:36:26( Edit History Discussion )

Doc Hastings: rewritten version today. now, mr. speaker, before concluding my opening statement, i want to take a moment to publicly state that i have a great deal of respect and affection for my colleague from hawaii, neil abercrombie. he is deparing the house at the end of this week, and i do

Doc Hastings

0:36:27 to 0:36:47( Edit History Discussion )

Doc Hastings: regret that i am leading the opposition to his bill in his final days here in the house. to be very honest, mr. speaker, i'd much rather be on the floor supporting his bipartisan legislation to write into law a five-year plan to develop

Doc Hastings

0:36:48 to 0:37:09( Edit History Discussion )

Doc Hastings: america's offshore oil and gas reserves. regrettably, such reasonable legislation stands no chance of making it to the floor in this congress. and i do regret that. . i hope my friend knows that my oppition to the bill is based

Doc Hastings

0:37:10 to 0:37:22( Edit History Discussion )

Doc Hastings: on my view of the matter and not a reflection of the high regard in which i hold my friend. i wish him well in his future endeavors, well, maybe not real, real well.

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