rice cayetano governor hawaii argued october decided february hawaiian constitution limits right vote nine trustees chosen statewide election trustees compose governing authority state agency known office hawaiian affairs oha agency administers programs designed benefit two subclasses hawaiian citizenry hawaiians native hawaiians state law defines native hawaiians descendants less part races inhabiting islands hawaiians larger class includes native hawaiians descendants peoples inhabiting hawaiian islands trustees chosen statewide election hawaiians may vote petitioner rice hawaiian citizen without requisite ancestry hawaiian state law applied vote oha trustee elections application denied sued respondent governor hereinafter state claiming inter alia voting exclusion invalid fourteenth fifteenth amendments federal district granted state summary judgment surveying history islands people determined congress hawaii recognized relationship native hawaiians analogous relationship indian tribes examined voting qualifications latitude applied legislation passed pursuant congress power indian affairs see morton mancari found electoral scheme rationally related state responsibility admission act utilize part proceeds certain public lands native hawaiians benefit ninth circuit affirmed finding hawaii may rationally conclude hawaiians group trust obligations run oha trustees owe duty loyalty group decide trustees held hawaii denial rice right vote oha trustee elections violates fifteenth amendment pp amendment purpose command set forth explicit comprehensive language national government may deny abridge right vote account race amendment reaffirms equality races basic level democratic process exercise voting franchise protects persons members particular race important precedents give instruction instant case amendment quite sufficient invalidate grandfather clause mention race instead used ancestry attempt confine restrict voting franchise guinn sufficed strike white primary systems designed exclude one racial class least voting see terry adams voting structure case neither subtle indirect specifically grants vote persons defined ancestry others ancestry proxy race proxy centuries hawaii isolated migration inhabitants shared common physical characteristics common culture provisions issue reflect state effort preserve commonality present day interpreting reconstruction era civil rights laws observed racial discrimination singles identifiable classes persons solely ancestry ethnic characteristics saint francis college object statutory definition treat early hawaiians distinct people commanding recognition respect history state definition also demonstrates state used ancestry racial definition racial purpose drafters definitions hawaiian native hawaiian emphasized explicit tie race state additional argument restriction race neutral differentiates even among polynesian people based date ancestor residence hawaii undermined classification express racial purpose actual effects ancestral inquiry case implicates grave concerns classification specifying particular race name demeans person dignity worth judged ancestry instead merit essential qualities state ancestral inquiry forbidden fifteenth amendment reason using racial classifications corruptive whole legal order democratic elections seek preserve law may become instrument generating prejudice hostility often directed persons whose particular ancestry disclosed ethnic characteristics cultural traditions state electoral restriction enacts voting qualification pp state three principal defenses voting law rejected argues first exclusion voting permitted cases allowing differential treatment indian tribes however even congress authority delegated state treat hawaiians native hawaiians tribes congress may authorize state create voting scheme sort created congress may authorize state establish voting scheme limits electorate public officials class tribal indians exclusion citizens elections oha trustee elections state separate elections fifteenth amendment applies morton mancari distinguished state contention limited voting franchise sustainable cases holding rule pertain certain special purpose districts water irrigation districts also fails compliance rule fourteenth amendment excuse compliance fifteenth amendment hawaii final argument voting restriction ensure alignment interests fiduciaries beneficiaries trust founders terms clear voting classification symmetric beneficiaries programs oha administers bulk funds appears earmarked benefit native hawaiians state permits native hawaiians hawaiians vote trustees argument fails essential grounds rests demeaning premise citizens particular race somehow qualified others vote certain matters room amendment concept right vote particular election allocated based race pp reversed kennedy delivered opinion rehnquist scalia thomas joined breyer filed opinion concurring result souter joined stevens filed dissenting opinion ginsburg joined part ii ginsburg filed dissenting opinion harold rice petitioner benjamin cayetano governor hawaii writ certiorari appeals ninth circuit february justice kennedy delivered opinion citizen hawaii comes us claiming explicit voting qualification barred voting statewide election fifteenth amendment constitution binding national government political subdivisions controls case hawaiian constitution limits right vote nine trustees chosen statewide election trustees compose governing authority state agency known office hawaiian affairs oha haw art xii agency administers programs designed benefit two subclasses hawaiian citizenry smaller class comprises designated native hawaiians defined statute certain supplementary language later set full descendants less part races inhabiting hawaiian islands prior haw rev stat second larger class persons benefited oha programs hawaiians defined refinements contained statute later quote persons descendants people inhabiting hawaiian islands ibid right vote trustees limited hawaiians second larger class persons course includes smaller class native hawaiians haw art xii petitioner rice citizen hawaii thus hawaiian sense term requisite ancestry even larger class hawaiian terms statute may vote trustee election issue presented case whether rice may barred rejecting state arguments classification question racial nevertheless valid reasons hold hawaii denial petitioner right vote clear violation fifteenth amendment congress state hawaii enacted laws discuss review made assessments events intertwine hawaii history history america begin brief account historical background historians scholars write hawaii different purpose latitude may draw judgments either laudatory harsh ones refer limited role posture particular case recount events understood lawmakers thus ensuring accord proper appreciation purposes adopting policies laws issue litigants seem agree two works particular appropriate consideration rely part sources see fuchs hawaii pono ethnic political history hereinafter fuchs kuykendall hawaiian kingdom hereinafter kuykendall origins first hawaiian people date reached islands established certainty usual assumption polynesians voyaged tahiti began settle islands around fuchs kuykendall see also daws shoal time history hawaiian islands marquesas islands tahiti england captain cook made landfall hawaii expedition hawaiian people developed preceding years cultural political structure traditions customs practiced polytheistic religion agriculture fishing sustained people though population estimates vary modern historians conclude population see fuchs schmitt historical statistics hawaii hereinafter schmitt accounts hawaiian life often remark upon people capacity find beauty pleasure island existence life altogether idyllic cook time islands ruled four different kings wars inflict great loss suffering kings principal chieftains well high priests order death sacrifice subject society one however identity cohesive forces history years cook voyage many expeditions follow members ships companies remained islands authorized advisors others deserters intermarriage inhabitants hawaii infrequent islands one kingdom leadership admired figure hawaiian history kamehameha difficult say many settlers europe america hawaii king consolidated power one historian estimates settlers time kuykendall influx soon follow beginning missionaries arrived congregationalists new england dominant early years sought teach hawaiians abandon religious beliefs customs contrary christian teachings practices story increasing involvement westerners economic political affairs kingdom rights land became principal concern unremitting pressure allow use land secure title westerners ones pressing concerns however disposition ownership land came unsettled matter among hawaiians status hawaiian lands presented issues complexity controversy least rule kamehameha present day attempt interpret history lest comments thought bear upon issues us suffices refer various historical conclusions appear persuasive congress state enacted laws soon discussed kamehameha came power reasserted suzerainty lands provided control parts system described cases feudal hawaii housing authority midkiff kaiser aetna description king early decrees contained opinion kingdom hawaii turn drew extensively upon earlier report recited part follows islands conquered kamehameha followed example predecessors divided lands among principal warrior chiefs retaining however portion hands cultivated managed immediate servants attendants principal chief divided lands anew gave inferior order chiefs persons rank subdivided often passing hands four five six persons king lowest class tenants persons considered rights lands productions proportions rights clearly defined although universally acknowledged rights king possessed superior landlords several grades landlords possessed inferiors joint ownership land king really owning allodium person whose hands placed land holding trust estate majesty kamehameha iv haw quoting principles adopted board commissioners quiet land titles stat laws haw kingdom beginning next decade successive ruler kamehameha iii approved series decrees laws designed accommodate demands ownership security title words hawaiian subject rights land one daily increasing importance newly formed government obvious internal resources country developed system undivided undefined ownership land abolished haw arrangements made confer freehold title lands certain chiefs individuals king retained vast lands directed extensive lands held government adopted first constitution islands thus effected fundamental historic division known great mahele foreigners turn given right land ownership new policies result wide dispersal ownership though provisions attempted tenants claim lands proved ineffective many instances ownership became concentrated congress report bill establishing hawaiian homes commission made assessment hawaiian land policy following terms committee thus finds since institution private ownership lands hawaii native hawaiians outside king chiefs granted held small portion lands islands homestead laws somewhat majority lands homesteaded hawaiians great many lands lost improvidence inability finance farming operations frequently however native hawaiian thought future obtained land nominal sum turn sell wealthy interests sum nearly approaching real value hawaiians business men shown unable meet competitive conditions unaided end speculators real beneficiaries homestead laws thus tax returns show per centum property islands held native hawaiians part lands possession approximately thousand wealthy hawaiians descendents chiefs developments unfolding european powers made constant efforts protect interests influence hawaiian political economic affairs general first articles arrangement kingdom hawaii signed department state treaties international agreements america bevans comp additional treaties conventions two countries signed see treaty hawaiian islands stat friendship commerce navigation convention america majesty king hawaiian islands stat commercial reciprocity supplementary convention america majesty king hawaiian islands stat country interested hawaii affairs later part century reality american dominance trade settlement economic expansion political influence became apparent tensions intensified bloc government one hand western business interests property owners conflicts came fore westerners forced resignation prime minister kingdom hawaii adoption new constitution among things reduced power monarchy extended right vote kuykendall tensions continued peaked time response attempt hawaiian monarch queen liliuokalani promulgate new constitution restoring monarchical control house nobles limiting franchise hawaiian subjects committee safety group professionals businessmen active assistance john stevens minister hawaii acting armed forces replaced monarchy provisional government government sought annexation december year president cleveland unimpressed indeed offended actions american minister denounced role american forces called restoration hawaiian monarchy message president senate house representatives reprinted queen resume former place however provisional government established republic hawaii queen abdicated throne year later president mckinley signed joint resolution sometimes called newlands resolution annex hawaiian islands territory stat according joint resolution republic hawaii ceded former crown government public lands ibid resolution provided revenues public lands used solely benefit inhabitants hawaiian islands educational public purposes ibid two years later hawaiian organic act established territory hawaii asserted control ceded lands put lands possession use control government territory hawaii otherwise provided congress act apr ch stat century intervention committee safety congress reviewed history particular role minister stevens congress passed joint resolution recounting events detail offering apology native hawaiian people stat turn relevant provisions two important matters affected demographics hawaii must recounted first tragedy inflicted early hawaiian people introduction western diseases infectious agents early establishment rule kamehameha becoming apparent native population serious vulnerability diseases borne islands settlers high mortality figures experienced infancy adulthood even common illnesses diarrhea colds measles fuchs see schmitt serious diseases took even greater tolls smallpox epidemic thousands lives lost ibid years cook arrival native population reduced people mortal illnesses doubt initial cause despair disenchantment despondency commentators later noted descendents early hawaiian people see fuchs important feature hawaiian demographics noted immigration islands people many different races cultures mostly response demand sugar industry arduous labor cane fields successive immigration waves brought chinese portuguese japanese filipinos hawaii beginning immigration chinese plantations alone drew hawaii one estimate something men women children next century id lind hawaii people ed ethnic national groups history hawaii struggles societal official discrimination successes role creating present society islands see nordyke peopling ed census figures show resulting ethnic diversity hawaiian population dept commerce bureau census census population supplementary reports detailed ancestry groups background turn legislative enactments direct relevance case us ii long creation new territory congress became concerned condition native hawaiian people see hearings rehabilitation colonization hawaiians proposed amendments organic act territory hawaii house committee territories sess reciting purpose rehabilitate native hawaiian population see congress enacted hawaiian homes commission act set aside acres ceded public lands created program loans leases benefit native hawaiians act july ch stat act defined native hawaiian include descendant less part blood races inhabiting hawaiian islands previous ibid hawaii admitted fiftieth state union admission new state agreed adopt hawaiian homes commission act part constitution pub stat admission act see haw art xii addition granted hawaii title public lands public property within boundaries state save federal government retained use admission act stat grant included acres set aside hawaiian homes commission act almost million additional acres land brief amicus curiae legislation authorizing grant recited lands proceeds income generated held public trust managed disposed one five purposes support public schools public educational institutions betterment conditions native hawaiians defined hawaiian homes commission act amended development farm home ownership widespread basis possible making public improvements provision lands public use admission act stat first decades following admission state apparently continued administer lands set aside hawaiian homes commission act benefit native hawaiians income balance public lands said large flowed department education hawaii senate journal standing committee pp hawaii amended constitution establish office hawaiian affairs haw art xii mission betterment conditions native hawaiians hawaiians haw rev stat members constitutional convention new amendments drafted proposed set forth purpose proposed agency members committee whole impressed concept office hawaiian affairs establishes public trust entity benefit people hawaiian ancestry members foresaw provide hawaiians right determine priorities effectuate betterment condition welfare promote protection preservation hawaiian race unite hawaiians people proceedings constitutional convention hawaii committee whole implementing statutes later amendments vested oha broad authority administer two categories funds percent share revenue million acres lands granted state pursuant admission act oha administer betterment conditions native hawaiians haw rev stat state federal appropriations private donations may made benefit native hawaiians hawaiians haw art xii see generally haw rev stat acres set aside hawaiian homes commission act administered separate agency see haw rev stat hawaiian legislature charged oha mission erving principal public agency responsible performance development coordination programs activities relating native hawaiians hawaiians ssessing policies practices agencies impacting native hawaiians hawaiians conducting advocacy efforts native hawaiians hawaiians pplying receiving disbursing grants donations sources native hawaiian hawaiian programs services erving receptacle reparations haw rev stat oha overseen board trustees members shall hawaiians presenting precise issue case shall elected qualified voters hawaiians provided law haw art xii see haw rev stat term hawaiian defined statute hawaiian means descendant aboriginal peoples inhabiting hawaiian islands exercised sovereignty subsisted hawaiian islands peoples thereafter continued reside hawaii statute defines native hawaiian follows native hawaiian means descendant less part races inhabiting hawaiian islands previous defined hawaiian homes commission act amended provided term identically refers descendants blood quantum aboriginal peoples exercised sovereignty subsisted hawaiian islands peoples thereafter continued reside hawaii ibid petitioner harold rice citizen hawaii descendant residents islands noted descendant natives neither native hawaiian hawaiian defined statute rice applied march vote elections oha trustees register vote office trustee required attest also hawaiian desire register vote oha elections affidavit application voter registration lodging petitioner tab rice marked words also hawaiian checked form yes state denied application rice sued benjamin cayetano governor hawaii district district hawaii governor sued official capacity attorney general hawaii defends challenged enactments refer respondent state rice contested exclusion voting elections oha trustees voting special election relating native hawaiian sovereignty held august district rejected latter challenge see rice cayetano supp decision us parties moved summary judgment claim fourteenth fifteenth amendments constitution invalidate law excluding rice oha trustee elections district granted summary judgment state supp haw surveying history islands people district determined congress state hawaii recognized relationship native hawaiians found analogous relationship indian tribes id premise examined voting qualification latitude applied legislation passed pursuant congress power indian affairs id citing morton mancari finding electoral scheme rationally related state responsibility admission act utilize portion proceeds lands betterment native hawaiians district held voting restriction violate constitution ban racial classifications appeals affirmed noted rice challenged constitutionality underlying programs oha id considering bound accept trusts administrative structure found assume lawful held hawaii may rationally conclude hawaiians group trust obligations run oha trustees owe duty loyalty group decide trustees ibid held notwithstanding clear holding hawaii constitution implementing statutes contain racial classification face ibid granted certiorari reverse iii purpose command fifteenth amendment set forth language explicit comprehensive national government may violate fundamental principle may deny abridge right vote account race color previous condition servitude forbidden criteria classifications though unnecessary consider present case enacted wake civil war immediate concern amendment guarantee emancipated slaves right vote lest denied civil political capacity protect new freedom vital objective remains amendment goes beyond consistent design constitution amendment cast fundamental terms terms transcending particular controversy immediate impetus enactment amendment grants protection persons members particular race design amendment reaffirm equality races basic level democratic process exercise voting franchise resolve absolute required language simple command comprehensive reach fundamental purpose effect operation amendment prohibits provisions denying abridging voting franchise citizen class citizens basis race inherent power amendment word white disappeared voting laws bringing excluded reason race within generic grant suffrage made state guinn see also neal delaware acknowledged amendment mandate neutrality straightforward terms citizens one race certain qualifications permitted law vote another qualifications must previous amendment constitutional guaranty discrimination reese though commitment clear reality remained far promise manipulative devices practices soon employed deny vote blacks cataloged variety persistence techniques south carolina katzenbach citing guinn supra grandfather clause myers anderson lane wilson procedural hurdles terry adams white primary smith allwright thomas per curiam registration challenges gomillion lightfoot racial gerrymandering louisiana interpretation tests progress slow particularly litigation proceed case case district district sometimes voter voter see important precedents emerge however give instruction case us fifteenth amendment quite sufficient invalidate scheme mention race instead used ancestry attempt confine restrict voting franchise state oklahoma enacted literacy requirement voting eligibility exempted requirement lineal descendant persons january time prior thereto entitled vote form government time resided foreign nation guinn supra persons whose ancestors entitled vote state previous discriminatory voting laws thus exempted eligibility test recognizing test served perpetuate old laws effect transparent racial exclusion invalidated subtle perhaps grandfather device guinn evasions attempted white primary cases fifteenth amendment terms sufficed strike voting systems systems designed exclude one racial class least voting see terry supra allwright supra overruling grovey townsend fifteenth amendment held circumvented amendment bans racial discrimination voting state nation thus establishes national policy discriminated voters elections determine public governmental policies select public officials national state local terry supra unlike cited cases voting structure us neither subtle indirect specific granting vote persons defined ancestry others state maintains racial category instead classification limited whose ancestors hawaii particular time regardless race brief respondent state points theories certain scholars concluding inhabitants hawaii may migrated marquesas islands pacific northwest well tahiti id furthermore state argues restriction operation excludes person whose traceable ancestors exclusively polynesian none ancestors resided hawaii hand vote granted person trace say one ancestry hawaiian inhabitant pivotal date ibid factors said mean restriction racial classification reject line argument ancestry proxy race proxy even residents hawaii diverse ethnic backgrounds cultures far clear voting test favoring descendants qualification case centuries hawaii isolated migration kuykendall inhabitants shared common physical characteristics common culture indeed drafters statutory definition question emphasized unique culture ancient hawaiians explaining work hawaii senate journal standing committee see ibid modern scholarship also identified race people culturally distinguishable polynesian peoples provisions us reflect state effort preserve commonality people present day interpretation reconstruction era civil rights laws observed racial discrimination singles identifiable classes persons solely ancestry ethnic characteristics saint francis college object statutory definition question earlier congressional counterpart hawaiian homes commission act treat early hawaiians distinct people commanding recognition respect state enacting legislation us used ancestry racial definition racial purpose history state definition demonstrates point noted statute defines hawaiian descendant aboriginal peoples inhabiting hawaiian islands exercised sovereignty subsisted hawaiian islands peoples thereafter continued reside hawaii haw rev stat different definition hawaiian first promulgated one proposed amendments state constitution proposed hawaiian defined descendant races inhabiting hawaiian islands previous proceedings constitutional convention hawaii committee whole rejected ratified valid manner see kahalekai doi haw definition modified end promulgated statutory form quoted see hawaii senate journal standing committee id conf comm drafters admission however changes language cosmetic noting definitions native hawaiian hawaiian changed substitute peoples races drafters revised definition stress ed change peoples mean races ibid see also id word peoples substituted races definition hawaiian committee wishes emphasize substitution merely technical peoples mean next definition hawaii compilation statutes incorporates new definition hawaiian preserves explicit tie race native hawaiian means descendant less part races inhabiting hawaiian islands previous defined hawaiian homes commission act amended provided term identically refers descendants blood quantum aboriginal peoples exercised sovereignty subsisted hawaiian islands peoples thereafter continued reside hawaii haw rev stat provision makes clear descendants aboriginal peoples means descendant races ibid argument restriction differentiates even among polynesian people based simply date ancestor residence hawaii insufficient prove classification nonracial purpose operation simply class defined ancestry include members race suffice make classification race neutral state argument undermined express racial purpose actual effects ancestral inquiry mandated state implicates grave concerns classification specifying particular race name one principal reasons race treated forbidden classification demeans dignity worth person judged ancestry instead merit essential qualities inquiry ancestral lines consistent respect based unique personality us possesses respect constitution secures concern persons citizens ancestral inquiry mandated state forbidden fifteenth amendment reason use racial classifications corruptive whole legal order democratic elections seek preserve law may become instrument generating prejudice hostility often directed persons whose particular ancestry disclosed ethnic characteristics cultural traditions distinctions citizens solely ancestry nature odious free people whose institutions founded upon doctrine equality hirabayashi ancestral tracing sort achieves purpose creating legal category employs mechanisms causes injuries laws statutes use race name state electoral restriction enacts voting qualification iv state offers three principal defenses ing law contends allows prevail even classification racial one teenth amendment examine reject arguments far reaching state arguments exclusion voting permitted cases allowing differential treatment certain members indian tribes decisions interpreting effect treaties congressional enactments subject held various tribes retained elements authority even cession lands see brendale confederated tribes bands yakima nation plurality opinion oliphant suquamish tribe retained tribal authority relates brendale supra plurality opinion reliance theory sustained federal provision giving employment preferences persons tribal ancestry mancari mancari case theory upon rests invoked state defend decision restrict voting oha trustees charged directly protecting interests native hawaiians hawaii restriction sustained mancari required accept beginning premises yet established case law among postulates necessary conclude congress reciting purposes transfer lands state enactments hawaiian homes commission act joint resolution determined native hawaiians status like indians organized tribes may delegated state broad authority preserve status propositions raise questions considerable moment difficulty matter dispute instance whether congress may treat native hawaiians indian tribes compare van dyke political status hawaiian people yale rev benjamin equal protection special relationship case native hawaiians yale stay far difficult terrain however state argument fails basic reason even take substantial step finding authority congress delegated state treat hawaiians native hawaiians tribes congress may authorize state create voting scheme sort course established series cases congress may fulfill treaty obligations responsibilities indian tribes enacting legislation dedicated circumstances needs see washington washington state commercial passenger fishing vessel assn treaties securing preferential fishing rights antelope exclusive federal jurisdiction crimes committed indians indian country delaware tribal business comm weeks distribution tribal property moe confederated salish kootenai tribes flathead reservation indian immunity state taxes fisher district sixteenth judicial dist mont per curiam exclusive tribal jurisdiction tribal adoptions observed every piece legislation dealing indian tribes reservations single special treatment constituency tribal indians mancari supra mancari upon many cases rely presented somewhat different issue preference hiring promoting federal bureau indian affairs bia preference favored individuals degree indian blood member tribe quoting biam although classification racial component found important preference directed towards racial group consisting indians rather members federally recognized tribes sense held preference political rather racial nature ibid see also id preference applied granted indians discrete racial group rather members tribal entities whose lives activities governed bia unique fashion bia preference tied rationally fulfillment congress unique obligation toward indians reasonably rationally designed indian held offend constitution id opinion careful note however case confined authority bia agency described sui generis hawaii extend limited exception mancari new larger dimension state contends one purposes oha challenged voting provision afford hawaiians measure fits model mancari brief respondent follow mancari however congress may authorize state establish voting scheme limits electorate public officials class tribal indians exclusion citizens tribal elections established federal statutes state cites illuminate error see citing menominee restoration act indian reorganization act lacks right vote tribal elections reason elections internal affair oha elections contrast affair state hawaii oha state agency established state constitution responsible administration state laws obligations see haw art xii hawaiian legislature declared oha exists serve principal public agency th state responsible performance development coordination programs activities relating native hawaiians hawaiians haw rev stat see also lodging petitioner tab oha annual report may admitting oha technically part state government asserting operates entity foremost among obligations entrusted agency administration share revenues proceeds public lands granted hawaii held said state public trust admission act stat see haw art xii delegates constitutional convention explained position oha state structure committee intends office hawaiian affairs independent executive branch branches government although assume status state agency chairman may ex officio member governor cabinet status office hawaiian affairs unique special committee developed office based model university hawaii particular committee desired use model office maximum control budget assets personnel committee felt important arrange method whereby assets hawaiians kept separate rest state treasury proceedings constitutional convention hawaii standing committee although apparent oha unique position state law apparent remains arm state validity voting restriction question us appeals assume validity underlying administrative structure trusts without intimating opinion point nonetheless elections oha trustee elections state separate elections fifteenth amendment applies extend mancari context permit state racial classification fence whole classes citizens decisionmaking critical state affairs fifteenth amendment forbids result hawaii contends limited voting franchise sustainable series cases holding rule one person one vote pertain certain special purpose districts water irrigation districts see ball james salyer land tulare lake basin water storage mancari argument involved significant extension new application case far clear salyer line cases applicable statewide elections agency powers responsibilities oha find cases dispositive event however question us requirement fourteenth amendment race neutrality command fifteenth amendment special purpose district cases suggested compliance rule fourteenth amendment somehow excuses compliance fifteenth amendment reject argument held four decades ago state authority boundaries political subdivisions extensive though met overcome fifteenth amendment constitution gomillion fifteenth amendment independent meaning force state may deny abridge right vote account race law hawaii final argument voting restriction ensure alignment interests fiduciaries beneficiaries trust thus contention goes restriction based beneficiary status rather race initial matter contention founders terms clear voting classification symmetric beneficiaries programs oha administers although bulk funds oha responsible appears earmarked benefit native hawaiians state permits native hawaiians hawaiians vote office trustee classification thus appears create eliminate differential alignment identity oha trustees state calls beneficiaries hawaii argument fails essential grounds state position rests end demeaning premise citizens particular race somehow qualified others vote certain matters reasoning attacks central meaning fifteenth amendment amendment applies election public issues decided public officials selected terry room amendment concept right vote particular election allocated based race race qualify disqualify others full participation democracy citizens regardless race interest selecting officials make policies behalf even policies affect groups others fifteenth amendment voters treated members distinct race members whole citizenry hawaii may assume based race petitioner citizens cast principled vote accept position advanced state give rise indignities resulting tensions animosities amendment designed eliminate voting restriction review prohibited fifteenth amendment culture way life people engulfed history beyond control sense loss may extend generations dismay may shared many members larger community state hawaii attempts address realities must always seek political consensus begins sense shared purpose one necessary beginning points principle constitution become heritage citizens hawaii case fifteenth amendment invalidates electoral qualification based ancestry judgment appeals ninth circuit reversed ordered harold rice petitioner benjamin cayetano governor hawaii writ certiorari appeals ninth circuit february justice breyer justice souter joins concurring result agree much says result agree critical rationale underlies result hawaii seeks justify voting scheme drawing analogy office hawaiian affairs oha trust benefit indian tribe majority directly deny analogy instead one point assumes least argument sake revenues proceeds issue public trust ante also assumes without deciding state treat hawaiians native hawaiians tribes ante leaving issues undecided holds fifteenth amendment forbids hawaii voting scheme oha state agency thus election oha board internal affair indian tribe ante see need however decide case basis vague concept subscribe consequently sweeping prohibition rather view reject hawaii effort justify rules analogy trust indian tribe record makes clear trust native hawaiians oha electorate defined statute sufficiently resemble indian tribe majority seems agree though decide oha bears little resemblance trust native hawaiians notes hawaii constitution uses word trust referring million acres land granted admission act ante admission act makes clear million acres benefit people hawaii act specifies land used education developments homes farms making public improvements public use hawaii citizens well betterment native admission act moreover oha funding comes several different sources see oha fiscal annual report hereinafter annual report million million acres public lands million ividend interest income million legislative appropriations federal grants oha funding authorized ordinary state statutes see haw rev stat see also annual report oha fiscal legislative budget passed acts legislature amounts funding funding sources thus subject change ordinary legislation oha spends money benefit native hawaiians many different ways see annual report oha projects support education housing health culture economic development nonprofit organizations majority makes clear oha simply special purpose department hawaii state government ante importantly statute defines electorate way analogous membership indian tribe native hawaiians considered group may analogous tribes native americans statute limit electorate native hawaiians rather adds approximately native hawaiians additional hawaiians defined including anyone one ancestor lived hawaii prior thereby including individuals less one original hawaiian assuming nine generations present see native hawaiian data book approximately oha funds spent specifically benefit latter group see annual report comprises oha electorate unable find native american tribal definition broad alaska native claims settlement act example defines native person degree alaska indian one regarded alaska native native village native group claims member whose father mother regarded native village group classification perhaps likely reflect real group membership blood quantum requirement many tribal constitutions define membership terms ancestor whose name appeared tribal roll far less distant past see constitution choctaw nation oklahoma art ii membership consists persons final rolls approved lineal descendants constitution sac fox tribe indians oklahoma art ii membership consists persons official roll children since born two members tribe children born one member nonmember admitted council revised constitution jicarilla apache tribe art iii membership consists persons official roll children one member tribe least jicarilla apache indian blood revised constitution mescalero apache tribe art iv membership consists persons official roll children born least one enrolled member least degree mescalero apache blood course native american tribe broad authority define membership see santa clara pueblo martinez must however limit reasonable least state tribe creates definition define membership terms possible ancestor thereby creating vast unknowable body potential members leaving combination luck interest determine potential members become actual voters goes well beyond reasonable limit tribe rather state hawaii created definition pointed like actual membership classification created actual tribe circumstances sufficient view destroy analogy hawaii justification must depend say hawaii definitions independently violate constitution cf post justice stevens dissenting say analogies offer distant save voting definition absence clearly violate fifteenth amendment reason agree majority ultimate conclusion harold rice petitioner benjamin cayetano governor hawaii writ certiorari appeals ninth circuit february ustice tevens ustice insburg joins part ii dissenting holding today rests largely repetition glittering generalities little application compelling history state hawaii history held manifest purpose fourteenth fifteenth amendments two centuries federal indian law clear hawaii election scheme upheld according terms federal act hawaii admitted union terms state constitution laws office hawaiian affairs oha charged managing vast acres land held trust descendants polynesians occupied hawaiian islands arrival captain cook addition administering proceeds assets oha responsible programs providing special benefits native hawaiians established amendment state constitution oha intended advance multiple goals carry duties trust relationship islands indigenous peoples government compensate past wrongs ancestors peoples help preserve distinct indigenous culture existed centuries cook arrival explained senior senator hawaii senator inouye native hawaiian rather like petitioner member majority hawaiian voters supported amendments amendments reflect honest sincere attempt part people rectify wrongs past put mandate federal government betterment conditions native hawaiians today concludes hawaii method electing trustees oha violates fifteenth amendment reaching conclusion assumed programs administered oha valid assumption surely correct judgment however reasons supporting legitimacy oha programs general undermine basis decision holding trustee election provision invalid oha election provision violates neither fourteenth amendment fifteenth conclusion keeping three overlapping principles first federal government must afforded wide latitude carrying obligations arising special relationship aboriginal peoples category includes native hawaiians whose lands part territory addition exists case state fiduciary responsibility arising establishment public trust administering assets granted federal government part benefit native hawaiians finally even one ignore two centuries indian law precedent practice case follows simply invidious discrimination present effort see indigenous peoples compensated past wrongs preserve distinct vibrant culture much part nation heritage ii throughout nation history recognized plenary power congress affairs native americans fiduciary character special federal relationship descendants sovereign peoples source federal government responsibility toward nation native inhabitants subject european american military conquest explained crudest terms remain instructive nonetheless indian tribes wards nation communities dependent dependent largely daily food dependent political rights weakness helplessness largely due course dealing federal government treaties promised arises duty protection power always recognized executive congress whenever question arisen kagama emphasis original cases consistently recognized congress plenary power peoples exercised time implement federal duty provide native peoples special care protection respect pueblos new mexico example public moneys expended presenting farming implements utensils civilization instruction sandoval today federal bureau indian affairs bia administers countless modern programs responding comparably pragmatic concerns including health education housing impoverishment see office federal register government manual pp federal regulation area limited strictly practical encompassed well protection cultural values example desecration native american graves sacred sites led passage native american graves protection repatriation act et seq critically neither extent congress sweeping power character trust relationship indigenous peoples depended ancient racial origins people allotment tribal lands coherence existence tribal varying definitions indian congress chosen adopt rather comes exercise congress plenary power indian affairs taken account numerous occasions legislation singles indians particular special treatment upheld concluded long special treatment tied rationally fulfillment congress unique obligation towards indians legislative judgments disturbed morton mancari history recited majority reveals grounds recognizing existence federal trust power overwhelming shortly annexation republic hawaii installed merchants revolution facilitated government expropriated million acres land ceded organic act establishing territory hawaii congress provided lands remain control territorial government otherwise provided congress act apr ch stat congress recognized influx foreign infectious diseases mass immigration coupled poor housing sanitation hunger malnutrition taken toll see ante confronted reality hawaiian people frozen lands driven cities congress decided specific tracts lands ceded comprising acres used provide farms residences native hawaiians act july ch stat relying precedent previous federal laws granting indians special rights public lands congress created hawaiian homes commission implement goal rehabilitating native people culture hawaii required adopt act condition statehood hawaii statehood admissions act admissions act stat effort secure government duty indigenous peoples act conveyed million acres land state held trust betterment ditions native hawaiians certain public purposes id nature motivation special relationship indigenous peoples government articulated explicit detail congress adopted joint resolution containing formal apology native hawaiians behalf overthrow kingdom hawaii stat among acknowledgments resolution stated million acres ceded lands obtained without consent compensation native hawaiian people hawaii sovereign government end however one need even rely official apology discern federal trust relationship native hawaiians among many varied laws passed congress carrying duty indigenous peoples today expressly include native hawaiians part class native americans benefited classifying native hawaiians native americans purposes statutes congress made clear native hawaiians enjoy many rights privileges accorded american indian alaska native eskimo aleut communities see also authority congress constitution legislate matters affecting aboriginal indigenous peoples includes authority legislate matters affecting native peoples hawaii splendidly acknowledging history specifically including series agreements enactments history reveals majority fails recognize import descendants native hawaiians share descendants native americans mainland aleutian islands history subjugation hands colonial forces also purposefully created specialized relationship government follows legislation targeting native hawaiians must evaluated according understanding equal protection long applied indians continental special treatment tied rationally fulfillment congress unique obligation toward native peoples declining confront rather simple logic foregoing majority seemingly reject oha voting scheme pair different reasons first congress power confined dealings tribes individuals tribe indigenous sovereign entity found among native hawaiians ante second elections affair state tribe upholding law permit state racial classification fence whole classes citizens decision making critical state affairs ante view neither reasons overcomes otherwise compelling similarity fully supported precedent subjugated indigenous peoples continental peoples hawaiian islands whose historical sufferings status parallel continental native americans membership tribe majority suggests rather membership race class descendants sine qua non governmental power realm indian law mancari majority contends makes proposition clear ante scholars often pointed tribal membership seen decisive factor opinion upholding bia preferences mancari hiring preference issue case extended member indians also required eligibility ethnic native americans possess certain quantum indian blood indeed federal government simply limited special dealings native peoples laws affecting tribes tribal indians alone see supra light precedent painful irony indeed conclude native hawaiians entitled special benefits designed restore measure native currently lack vestigial native government possibility history actions nation deprived greater concern majority fact confronted state constitution legislative enactment passed majority entire population hawaii rather law passed congress tribe see ante precedent makes clear reality alter analysis explained oha trustee elections hardly characterized simply affair state alone instruments implementing federal government trust relationship sovereign indigenous people held federal power pass laws fulfilling trust relationship indians may delegated significant opinion washington confederated bands tribes yakima nation upheld fourteenth amendment challenge state law assuming jurisdiction indian tribes within state recognized generally special relationship indians federal government concluded state law enacted response federal measure intended achieve result accomplished challenged state law state law need rationally purpose identified state id quoting massachusetts bd retirement murgia per curiam state statutory constitutional scheme without question intended implement express desires federal government admissions act mandated provisions hawaiian homes commission act shall adopted multiple provisions expressly benefiting native hawaiians others stat act required proceeds lands granted state shall held said state public trust betterment conditions native hawaiians proceeds shall managed disposed manner constitution laws said state may provide use object shall constitute breach trust suit may brought id terms trust clear discretion granted state administer trust state laws may provide congress continues fund oha understanding thereby furthering federal trust obligation sole remaining question mancari yakima thus whether state scheme rationally purpose identified state standard bia preferences mancari oha voting requirement certainly reasonably designed promote descendants indigenous hawaiians make oha responsive needs constituent groups mancari oha statute provides agency held separate independent state executive branch haw rev stat oha executes trust character must administered benefit hawaiians native hawaiians oha governed board trustees reflect interests trust native hawaiian beneficiaries haw art xii haw rev stat oha thus directed participation governed governing agency mancari respect among others requirement reasonably directly related legitimate nonracially based goal ibid foregoing reasons sufficient justify oha trust system trustee election provision fourteenth amendment iii although fifteenth amendment tests oha scheme different measure equally clear trustee election provision violates neither letter spirit amendment section fifteenth amendment provides right citizens vote shall denied abridged state account race color previous condition servitude amdt majority must tacitly admit ante terms amendment apply oha voter qualification speaks terms ancestry current residence race color oha trustee voters must hawaiian meaning descendant aboriginal peoples inhabiting hawaiian islands exercised sovereignty subsisted hawaiian islands peoples continued reside hawaii haw rev stat ability vote function lineal descent resident hawaii characteristics resident proximity resident peoples descendant arises distinction ancestry race simply one plain language ability trace one ancestry particular progenitor single distant point time may convey information one apparent acknowledged race today neither necessity imply one identification particular race exclusion others account race terms manifestly carry distinct meanings ancestry included framers amendment prohibitions presumably recognizing distinction majority relies fact ncestry proxy race ante course true means follows ancestry always proxy race cases ancestry served proxy dramatically different one example literacy requirement issue guinn relied proxy part series blatant efforts exclude blacks voting oklahoma exempted literacy requirement people whose ancestors entitled vote prior enactment fifteenth amendment guinn scheme patently served perpetuate old racially discriminatory voting laws effect transparent racial exclusion ante guinn voting laws held invalid fifteenth amendment cases cited majority fairly properly viewed specialized lens lens honed specific detail reveal realities time place history behind voting restrictions tested lens fails clarify fully obscures realities case virtually polar opposite fifteenth amendment cases relies terry adams example held amendment proscribed texas jaybird primaries used neutral voting qualifications single proviso negroes excluded similarly smith allwright blatant discrimination negroes practiced political party held state action within meaning amendment cases strike voting systems designed exclude one racial class least voting ante application system designed empower politically remaining members class sovereign indigenous people ancestry surely proxy race pretext invidious racial discrimination simply neither proxy pretext persons eligible vote trustees oha share two qualifications person old enough vote possesses beneficiaries public trust created state administered oha least one ancestor resident hawaii trust whose terms provide trustees shall elected class including beneficiaries hardly novel concept see scott fratcher law trusts ed committee drafted voting qualification explained trustees elected beneficiaries people assets belong control election board enhance representative governance accountability result strengthen fiduciary relationship board member trustee native hawaiian beneficiary described purpose aspect classification thus exists wholly apart race directly focused promoting delegated federal mandate terms state trustee responsibilities majority makes much fact oha trust assumes legitimate read principally intended benefit smaller class native hawaiians defined least descended native islander circa haw rev stat larger class hawaiians includes descendant aboriginal people lived hawaii peoples thereafter continued reside hawaii ibid see ante majority notes larger class hawaiians enjoys suffrage right oha elections therefore mismatch interest alignment trust beneficiaries trustee electors majority contends thus said class qualified voters defined solely beneficiary status may may true depending upon construction terms trust surely nothing racially invidious decision enlarge class eligible voters include descendant resident islands broader category eligible voters serves quite practically ensure regardless dilute race native hawaiians becomes phenomenon also described majority lavish historical summary ante remain voting interest whose ancestors part political cultural community inherited participation memory set traditions trust seeks protect putative mismatch underscores reality purely racial interest either trust election provision seeks secure political cultural interests served unlike racial survival shared native hawaiians hawaiians even one refuses recognize beneficiary status oha trustee voters entirely said voting qualification simply stands shoes classification either privilege penalize account race oha voting qualification part statutory scheme put place democratic vote multiracial majority state citizens including hawaiians entitled vote oha trustee elections appropriately includes every resident hawaii least one ancestor lived islands among things audience congressional apology addressed unlike class including polynesians one imagine class strictly defined terms race oha election provision excludes polynesians currently residing hawaii descended resident hawaii conversely unlike many old southern voting schemes potential voter taint blood excluded oha scheme excludes descendant resident also part european asian african matter race classification thus inclusive inclusive enough fall strictly along racial lines pains identify work singularly racial purpose ante whatever might mean although one might assume phrase proxy racial discrimination majority next posits ne principal reasons race treated forbidden classification demeans dignity worth person judged ancestry instead merit essential qualities ante course true ancestry basis denying abridging one right vote share blessings freedom quite wrong ignore relevance ancestry claims interest trust property shared interest proud heritage nothing demeaning law established trust manage monticello provided descendants thomas jefferson elect trustees law equally benign regardless whether descendants happened members race light easy understand classification demeaning ante simply based premise citizens particular race somehow qualified others vote certain matters ibid based permissible assumption context families ancestor lived hawaii whose ancestors thereafter continued live hawaii claim compensation others multiracial majority citizens state hawaii recognize deep reality demean interests honor others thus becomes clear majority likewise wrong conclude oha voting scheme likely become instrument generating prejudice hostility often directed persons whose particular ancestry disclosed ethnic characteristics cultural traditions ante political cultural concerns motivated nonnative majority hawaiian voters establish oha reflected interest preserving particular people ancient traditions value fact voting qualification established entire electorate state vast majority native hawaiian testifies judgment concerning fear prejudice hostility majority state residents hawaiian petitioner traditional understanding democracy voting preferences makes difficult conceive majority state voting population enacted measure discriminates way represents prejudice hostility toward majority indeed best insurance danger electorate retains power revise laws iv today ignores overwhelming differences fifteenth amendment case law relies unique history state hawaii former recalls age abject discrimination insular minority old south latter long last yielded political consensus majority claims seeks ante consensus determined recognize special claim indigenous peoples hawaii considered correct view district judge district district hawaii well three circuit judges appeals ninth circuit judge rymer explained special election trustees equivalent general election vote officials perform general governmental functions either representative executive capacity limitation circumstances suggest voting eligibility designed exclude persons otherwise interested oha affairs rather reflects fact trustees fiduciary responsibilities run native hawaiians hawaiians board trustees chosen among interested parties best way insure proper management adherence needed fiduciary principles challenged part hawaii law contrived keep voting general respect pertinent legal interests therefore say petitioner right vote denied abridged violation fifteenth proceedings constitutional convention hawaii standing comm committee reporting section establishing oha noted trustees elected people assets belong control election board enhance representative governance accountability result strengthen fiduciary relationship board member trustee native hawaiian beneficiary id judgment reasoning far persuasive wooden approach adopted today accordingly respectfully dissent harold rice petitioner benjamin cayetano governor hawaii writ certiorari appeals ninth circuit february justice ginsburg dissenting dissent essentially reasons stated justice stevens part ii dissenting opinion ante relying established federal authority native americans congress prerogative enter special trust relationships indigenous peoples morton mancari justice stevens cogently explains confined tribal indians particular encompasses native hawaiians congress numerous statutes reasonably treated qualifying special status long recognized indigenous peoples see ante stevens dissenting federal trust responsibility justice stevens recognize delegated congress state hawaii office hawaiian affairs voting scheme issue tied rationally fulfillment obligation see mancari needed demonstrate validity office voting provision fourteenth fifteenth amendments footnotes app brief hawai congressional delegation amicus curiae statement explaining cultural motivation amendments senator akaka pointed fact entire state hawai voted amend state constitution establish office hawaiian affairs significant illustrates recognition importance hawaiian culture traditions foundation aloha spirit id see alaska native village venetie tribal government wheeler antelope morton mancari lone wolf hitchcock kagama see sandoval kagama cherokee nation georgia pet sandoval kagama see celestine see john neither fact choctaws mississippi merely remnant larger group indians long ago removed mississippi fact federal supervision continuous destroys federal power deal delaware tribal business comm weeks whether federal statute providing financial benefits descendants delaware tribe included nontribal indian beneficiaries congress choice need tied rationally fulfillment congress unique obligation toward quoting morton mancari see generally cohen handbook federal indian law compare term indian used act shall include persons indian descent members recognized indian tribe federal jurisdiction persons descendants members june residing within present boundaries indian reservation shall include persons indian blood purposes act eskimos aboriginal peoples alaska shall considered indians indian person considered secretary interior indian purpose see reflecting compromise sponsor legislation supported special benefits hawaiian blood veins plantation owners thought hawaiians pure blood qualify hawaiian homes commission act hearings senate committee territories statute defined native hawaiian descendant less part blood races inhabiting hawaiian islands previous stat see brief hawai congressional delegation amicus curiae app see also american indian religious freedom act et seq native american programs act comprehensive employment training act drug abuse prevention treatment rehabilitation act national affordable housing act stat indian health care amendments et seq see frickey adjudication discontents coherence conciliation federal indian law harv rev aptly explained bia preference case based statute extended preference ethnic indians identified blood quantum members federally recognized tribes implementing regulation included mention tribal membership even regulation required tribal member also degree indian blood mancari justice breyer suggests oha definition native hawaiians hawaiians may vote oha scheme broad reasonable ante opinion concurring result suggestion identify constitutional defect issue case congress power define counts indigenous person congress power delegate special duty persons defined justice breyer interest tribal definitions membership holding tribes power define membership core tribal sovereignty thus unconstrained constitutional provisions framed specifically limitations federal state authority santa clara pueblo martinez thus inapposite nothing federal law indian law jurisprudence suggests oha definition native anything perfectly within power delegated see supra nn indeed oha voters match precisely set people congressional apology targeted federal definitions indian often rely ability trace one ancestry particular group particular time see ch extending bia hiring preference persons indian descent escendants tribal members june residing within present boundaries indian reservation see also supra hardly correct two centuries past rather merely years past classification cease reasonable singular federal statute defining native justice breyer points including defined blood quantum without regard membership group serves underscore point membership tribal structure per se see ante acid test exercise federal power arena see clinton newton price american indian law ed describing provisions alaska native claims settlement act creating geographic regions natives common heritage interest requiring regions organize native corporation order qualify settlement benefits establishing alaska native fund federal monies distributed enrolled natives see also supra end matters determination indigenous status real group membership ante one made congress one divorce indian law context case analysis oha scheme fourteenth amendment neither one pretend law fits simply within cases fifteenth amendment preceding discussion mancari indian law cases reveals never understood laws relating indigenous peoples simply legal classifications defined race even unlike blood quantum requirements express repeatedly acknowledged overlapping political interest predominates refusing face entire body indian law see ante majority able hold oha qualification denies hawaiians right vote account race proceedings constitutional convention hawaii standing committee course majority concern absence alignment becomes salient one assumes something mancari political classification stake approached cases involving relationship among federal government delegates indigenous peoples including countless federal definitions classes indians determined blood quantum see supra racial aspect voting qualification eclipsed political significance membership indigenous class beyond even majority historical account makes clear inhabitants hawaiian islands whose descendants comprise instant class identified remain significant much culture race time cook arrival hawaiian people developed preceding years cultural political structure traditions customs polytheistic religion ante prior although private ownership land hawaii housing authority midkiff native hawaiians lived highly organized subsistent social system based communal land tenure sophisticated language culture religion according senator akaka society steeped science honored land environment therefore developed methods irrigation agriculture aquaculture navigation medicine fishing forms subsistence whereby land sea efficiently used without waste damage respect environment others formed basis culture tradition app brief hawai congressional delegation amicus curiae legends oral histories passed one generation another reflected artifacts carved images colorful feathered capes songs dances survive today pele god fire still inhabits crater kilauea word kahuna still law culture rather polynesian race uniquely hawaiian need protection justice breyer even broader contention trust native hawaiians ante appears make greater mistake conflating public trust established hawaii constitution laws see supra trust relationship federal government indigenous peoples according justice breyer analogy hawaii justification must depend ante destroy ed part fact oha trust former sense trust native hawaiians alone rather looking terms public trust proposition justice breyer relies terms land conveyance hawaii part admissions act portion trust administered oha purport contain corpus million acres federal trust lands set aside benefit hawaiians including native hawaiians terms wenty per cent revenue derived public land trust shall expended office betterment conditions native hawaiians haw rev stat portion appears coincide precisely described purpose admissions act trust lands better conditions native hawaiians admissions act stat neither fact native hawaiians specific beneficial interest trust revenues fact portion trust administered oha supplemented varying degrees nontrust monies negates existence trust moreover neither particular terms state public trust particular source oha funding destroys centrally relevant trust analogy hawaii relies relationship federal government indigenous indians continent compared relationship federal government indigenous hawaiians hawaiian islands trust relationship trust relevant indian law analogy includes power delegate authority explained supra pages oha scheme surely satisfies established standard testing exercise power indeed one form another right pass property one family particular part legal system since feudal times hodel irving even minute fractional interests identified allotted lands passed several generations receive legal recognition protection thus held long ago inherited shares parcels allotted sioux taken without compensation even though value nominal necessary use common denominator identify size smallest interest whether wise provide recompense descendants injured class several generations come gone matter policy fact interests acquired inheritance rather assignment surely constitutional significance indeed record indicates none judges ninth circuit petition rehearing en banc circulated even requested vote petition app pet cert