05-17-2015, 12:06 PM
The US federal government does not have the power to establish an Independent Hawaiian Nation within the State of Hawaii.
The State of Hawaii does not have the power to establish an Independent Hawaiian Nation in the State of Hawaii.
Their combined mutual powers are limited to the establishment of a Hawaiian Reservation that would be managed by a Hawaiian Government under the U.S. Department of the Interiors designated Bureau yet to be established though currently under the Office of Hawaiian Affairs. Such a Hawaiian government would still be subject to many federal agencies oversight such as CPS and so forth.
There's also a matter of the ceded lands from a legal aspect as the SCOTUS scuttled any notion that they don't belong to the State of Hawaii. SO in that case, the lands have been legally defined as belonging to the citizens of the State of Hawaii and therefore compensation will need to be made to the current citizens of the State of Hawaii for giving the lands to the Native Hawaiians. Yeah, that sounds absurd but that's where it sits.
Please note... I'm only pointing out the road blocks under the Constitutional realities in this matter.
As per an Independent Hawaiian Nation/Kingdom - Not even the International Courts or World pressure could make the Congress, Executive or State overstep their powers on this matter. The whole US would be up in arms. Thus the notion of an Independent Sovereign Hawaiian Nation is nothing more than a pipe dream.
There is only one legal course for such an event to take place and that would require a Constitutional Amendment to allow such a venture to take place. So... to make it happen would require far more than just some good old fashioned unity amongst native Hawaiians, it would also require Amendment ratification by 3/4 of the US States.
Therein sits the meat of the dilemma. It's like a Donkey stuck atop a barbed wire fence.
What bothers me most are those who are running around raising the hopes of many natives without considering the vast roadblocks that make it impossible except through Constitutional Amendment. That isn't cool IMO. Consider the realities of the situation before getting people all hot and bothered over such a notion.
The State of Hawaii does not have the power to establish an Independent Hawaiian Nation in the State of Hawaii.
Their combined mutual powers are limited to the establishment of a Hawaiian Reservation that would be managed by a Hawaiian Government under the U.S. Department of the Interiors designated Bureau yet to be established though currently under the Office of Hawaiian Affairs. Such a Hawaiian government would still be subject to many federal agencies oversight such as CPS and so forth.
There's also a matter of the ceded lands from a legal aspect as the SCOTUS scuttled any notion that they don't belong to the State of Hawaii. SO in that case, the lands have been legally defined as belonging to the citizens of the State of Hawaii and therefore compensation will need to be made to the current citizens of the State of Hawaii for giving the lands to the Native Hawaiians. Yeah, that sounds absurd but that's where it sits.
Please note... I'm only pointing out the road blocks under the Constitutional realities in this matter.
As per an Independent Hawaiian Nation/Kingdom - Not even the International Courts or World pressure could make the Congress, Executive or State overstep their powers on this matter. The whole US would be up in arms. Thus the notion of an Independent Sovereign Hawaiian Nation is nothing more than a pipe dream.
There is only one legal course for such an event to take place and that would require a Constitutional Amendment to allow such a venture to take place. So... to make it happen would require far more than just some good old fashioned unity amongst native Hawaiians, it would also require Amendment ratification by 3/4 of the US States.
Therein sits the meat of the dilemma. It's like a Donkey stuck atop a barbed wire fence.
What bothers me most are those who are running around raising the hopes of many natives without considering the vast roadblocks that make it impossible except through Constitutional Amendment. That isn't cool IMO. Consider the realities of the situation before getting people all hot and bothered over such a notion.