From the Akaka bill: Section 3 Definitions – (10)
. . . the term ”Native Hawaiian” means—
(i) an individual who is 1 of the indigenous, native people of Hawaii and who is a direct lineal descendant of the aboriginal, indigenous, native people who—
(I) resided in the islands that now comprise the State of Hawaii on or before January 1, 1893; and
(II) occupied and exercised sovereignty in the Hawaiian archipelago, including the area that now constitutes the State of Hawaii; or
(ii) an individual who is 1 of the indigenous, native people of Hawaii and who was eligible in 1921 for the programs authorized by the Hawaiian Homes Commission Act (42 Stat.108, chapter 42) or a direct lineal descendant of that individual.
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Now what does (II) really mean? Only the Ali’i? Only those that were part of the monarchy? The monarchy exercised sovereignty not the kanaka maoli. This is a very slippery definition.
How is the rest of this definition not a “racial heritage” definition? What else is a “direct lineal descendent” other that a racial heritage definition? Why should some be treated differently than others because of who their ancestors were on the basis of “one drop” of Hawaiian blood?