Native Hawaiian Education Act: Hearings Before the Select Committee on Indian Affairs, United States Senate, Ninety-sixth Congress, First Session, on S. 916 ... May 30 and 31, 1979, Honolulu and Lihue, Kauai, Hawaii

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U.S. Government Printing Office, 1979 - 226 pages

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Page 174 - Ask not what your country can do for you, but what you can do for your country!
Page 120 - In the exercise of the war and treaty powers, the United States overcame the Indians and took possession of their lands, sometimes by force, leaving them an uneducated, helpless and dependent people, needing protection against the selfishness of others and their own improvidence. Of necessity, the United States assumed the duty of furnishing that protection, and with it the authority to do all that was required to perform that obligation and to prepare the Indians to take their place as independent,...
Page 121 - Indians and took possession of their lands, sometimes by force, leaving them an uneducated, helpless and dependent people, needing protection against the selfishness of others and their own improvidence. Of necessity, the United States assumed the duty of furnishing that protection, and with authority to do all that was required to perform that obligation and to prepare the Indians to take their place as independent, qualified members of the modern body politic . . .
Page 120 - regulate Commerce . . . with the Indian Tribes," and thus, to this extent, singles Indians out as a proper subject for separate legislation. Article II, S 2, cl 2, gives the President the power, by and with the advice and consent of the Senate, to make treaties. This has often been the source of the Government's power to deal with the Indian tribes.
Page 45 - Ua mau ke ea o ka aina i ka pono. (The life of the land is perpetuated in righteousness.) STATE SPAM CONSUMPTION RATE: over 18,000 cans per day.
Page 120 - Resolution of the instant issue turns on the unique legal status of Indian tribes under federal law and upon the plenary power of Congress, based on a history of treaties and the assumption of a "guardian-ward" status, to legislate on behalf of federally-recognized Indian tribes.
Page 122 - Executive order. 309 (3) That the group has been treated as having collective rights in tribal lands or funds, even though not expressly designated a tribe. (4) That the group has been treated as a tribe or band by other Indian tribes. (5) That the group has exercised political authority over its members, through a tribal council or other governmental forms.
Page 125 - There are numerous congressional precedents for such action. The act of Congress approved February 8, 1887, as amended by the act of February 28, 1891 (26 Stat., 794), authorizes public lands which have been set apart as Indian reservations by order of the President to be surveyed and 80 acres of land therein to be allotted to each Indian located upon the reservation, or where the lands are valuable for grazing, to be allotted in areas of 160 acres. Another section of the same act authorizes any...
Page 125 - Constitution, and the due process and equal protection clauses of the 14th amendment thereto, are prohibitions having refer- . enee to State action only, but even without this defense the legislation is based upon a reasonable and not an arbitrary classification and is thus not unconstitutional class legislation. Further, there are numerous congressional precedents for such legislation in previous enactments granting Indians and soldiers' and sailors special privileges in obtaining and using the...
Page 122 - band " have been: (1) That the group has had treaty relations with the United States. ( 2 ) That the group has been denominated a tribe by act of Congress or Executive order. (3) That the group has been treated as having collective rights in tribal lands or funds, even though not expressly designated a tribe. ( 4 ) That the group has been treated as a tribe or band by other Indian tribes.

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