Legal Detours of U.S. Empire
Legal Detours of U.S. Empire
Locating Race and Indigeneity in Law, History, and Hawai‘i
This chapter uses Rice v. Cayetano (2000), a Supreme Court case involving a white citizen's challenge to Native Hawaiian representation, as a springboard to explore how race and coloniality are set up as oppositional, anti-intersectional politics. Kanaka Maoli and other indigenous scholars and activists have been quite vocal in critiquing the ways in which the discourse of civil rights and racism serves to obscure and undermine sovereignty claims and critiques of colonialism. The chapter adds to these critiques by demonstrating how the combination of legal and historical discourses sets up a battle between the recognition of racism and the recognition of settler colonialism. It illuminates how discourses of citizenship, law, and history collude to (re)produce the misrecognition and disaggregation of anticolonialist and antiracist endeavors.
Keywords: Rice v. Cayetano, Native Hawaiian representation, race, coloniality, Kanaka Maoli, racism, colonialism, citizenship
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