President Barack Obama’s administration has quietly suggested it is willing to create a two-tier race-based legal system in Hawaii, where one set of taxes, spending and law enforcement will govern one race, and the second set of laws will govern every other race.
The diversity proposal is portrayed as an effort to create a separate in-state government for people who are “native Hawaiians.”
If Obama succeeds, “what’s to prevent creating similar [self-governing racial] groups out of say, Cajuns, or Orthodox Jews or Amish?” said Gail Heriot, a commissioner on the U.S. Commission on Civil Rights.
“If you can do that with groups that are already part of the mainstream, you can balkanize the country,” said Heriot, who is a law professor at the University of San Diego.
But the proposed measure to increase legal diversity is illegal because the president doesn’t have the power to grant one group of Americans the status of a separate government, she said.
“There is no constitutional basis for conferring such status, and Congress has repeatedly refused to confer this status,” said Carissa Mulder, a spokeswoman for two members of the federal Commission on Civil Rights.
“This seems to be yet another case of the Obama administration ignoring the law to achieve its policy objectives,” she added.
The move was announced Friday before Memorial Day as White House officials and congressional Democrats stepped up predictions that the president will try to bypass congressional opposition to his progressive policy preferences.
Last week, for example, Democratic Senate leader Harry Reid suggested the president would reduce enforcement of federal immigration law because the House has not agreed to double the current inflow of almost two million immigrants and guest workers per year.
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