“H.R. 505 is surely constitutional, as the United States Supreme Court has consistently upheld the special status of indigenous peoples and defers to Congress’s near plenary authority to decide which native peoples to recognize.”

- Linda Lingle, Governor (R-Hawaii)

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CONGRESSIONAL RECORD, OCTOBER 24, 2007:

“Opponents of this legislation claim that allowing Native Hawaiians the right to self governance would imperil the constitutional rights of non-Native Hawaiians to equal protection under the law. They point to the former Kingdom’s wealth and claim that self-determination will create a system of benefits disadvantaging those who are not of Native Hawaiian heritage. However, Native Hawaiians, in seeking rights and privileges that other indigenous people of the United States enjoy under our system of law, are not compromising the rights of others but exercising their own rights to property, to self-determination and to be recognized as an indigenous people by Congress.

“The right of Native Hawaiians to use of the property held in trust for them and the right to govern those assets is not in conflict with the Equal Protection Clause since it rests on independent constitutional authority regarding the rights of native nations contained within the text of Articles I and II of the Constitution. The constitutional framers recognized the existence of native nations within the United States that predated our own democracy and created a system for federal recognition of indigenous nations within our then expanding borders. The framers empowered Congress through the Indian Commerce Clause and the Treaty Clause to maintain relations between the U.S. federal government and the governments of these native nations. Our courts have upheld Congress’ power to recognize indigenous nations and have specifically recognized that this power includes the power to re-recognize nations whose recognition has been compromised in the historical past. Thus, the Native Hawaiians have the right to be recognized by this body, this right is not in conflict with the rights of others, and this recognition may be renewed despite historical lapses.”

- Denise A. Cardman, Acting Director, American Bar Association

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HONOLULU STAR-BULLETIN EDITORIAL OCTOBER 24, 2007:

“Of course, the assertions by…the White House that the Akaka Bill is unconstitutional are mistaken. Congress has the authority to recognize indigenous people through the commerce clause of the Constitution, which gives it the power to regulate commerce with Indian tribes, and the Supreme Court has recognized that “plenary” authority time and again. Such recognition has been extended to Alaskan natives. ”

http://starbulletin.com/2007/10/25/editorial/editorial01.html