Unfortunately, the party does not matter but the constitution. Section. 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
US Law allows for limited tribal sovereignty and federal law allows for commonwealth status such as that of Puerto Rico and The Virgin Islands.
The Supreme Court has never ruled sovereign tribal lands to be unconstitutional. In fact the US Supreme Court has upheld the constitutionality of old treaties that had been abrogated.
All true, but the historical criticism of this Bill (since its orgin in 2000)is that Hawaiian Natives are not Indians and congress has no authority regulate them. The court has upheld Indian sovereignty because of the history of Indian Nations, unlike the Hawaiian monarchy that had been over thrown.
Additionally, the territory argument does not apply because Hawaii is a State and congress can not carve out lands within a state.