05-18-2015, 08:27 PM
Opihikao,
The bulk of my points revolve around the hurtles here in the US to resolve the issues (ceded lands/Native Hawaiian Government). Unfortunately it would appear many people think the US (legislature/executive) has carte blanche powers to manifest a Hawaiian Nation Ex nihilo and nothing could be further from reality, not to mention it would be later challenged as an invalid formation by Native Hawaiians at a later date and we'd be right back here again. When it comes to domestic matters, the legislative and executive branches powers are substantially weaker by virtue of State powers and ultimately the rights and power of the people while also scrutinized, considered and either upheld or crushed by the judiciary/SCOTUS.
To elaborate on the aspect of "Ex nihilo" the following should clarify -
Many fail to realize that the US has no Native Hawaiian Government to negotiate with, thus negotiating and creating Ex nihilo. There has been no unified body that stands to represent all the applicable Native Hawaiians. This also tosses a monkey wrench into the issue. For example, the US cannot simply deem one existing group to be the proper representative government of the Native Peoples of Hawaii or we will be right back in this same mess again. Since the overthrow of the Kingdom, there has been no practicing Native Hawaiian government and we're now left with only its people. One of the issues waved about here by the sovereign movement are international laws. In the here and now, the US can only recognize a Native Hawaiian Government that meets todays criteria for a government that is established by its people and therein is the dilemma. That meeting of the Native Hawaiian Minds needs to take place and some sort of agreement established with regard to the methodology of the proposed governments establishment. Without that, the US government has no-one to negotiate with hence the US government cannot create a Native Hawaiian Nation Ex nihilo... it needs the Native Peoples to unify and then the US can assist in its formation and after it's complete, then negotiations can take place.
The process requires that spiritual matters be set aside in the sense of the task at hand and that conscious decisions need to be made in order to meet those 2 simple goals. Goal 1 - form a Native Hawaiian Government that can be recognized domestically and internationally without question or later legal challenge. Spiritual matters won't be applicable to that domestic/international recognition merely that the required steps and agreements be made amongst the Native Hawaiians in order to form that Government will be considered.
Goal 2 - Enter negotiations with the United States.
It's a very simple matter, yet without it nothing with regard to reparations can or will go forward without it.
The bulk of my points revolve around the hurtles here in the US to resolve the issues (ceded lands/Native Hawaiian Government). Unfortunately it would appear many people think the US (legislature/executive) has carte blanche powers to manifest a Hawaiian Nation Ex nihilo and nothing could be further from reality, not to mention it would be later challenged as an invalid formation by Native Hawaiians at a later date and we'd be right back here again. When it comes to domestic matters, the legislative and executive branches powers are substantially weaker by virtue of State powers and ultimately the rights and power of the people while also scrutinized, considered and either upheld or crushed by the judiciary/SCOTUS.
To elaborate on the aspect of "Ex nihilo" the following should clarify -
Many fail to realize that the US has no Native Hawaiian Government to negotiate with, thus negotiating and creating Ex nihilo. There has been no unified body that stands to represent all the applicable Native Hawaiians. This also tosses a monkey wrench into the issue. For example, the US cannot simply deem one existing group to be the proper representative government of the Native Peoples of Hawaii or we will be right back in this same mess again. Since the overthrow of the Kingdom, there has been no practicing Native Hawaiian government and we're now left with only its people. One of the issues waved about here by the sovereign movement are international laws. In the here and now, the US can only recognize a Native Hawaiian Government that meets todays criteria for a government that is established by its people and therein is the dilemma. That meeting of the Native Hawaiian Minds needs to take place and some sort of agreement established with regard to the methodology of the proposed governments establishment. Without that, the US government has no-one to negotiate with hence the US government cannot create a Native Hawaiian Nation Ex nihilo... it needs the Native Peoples to unify and then the US can assist in its formation and after it's complete, then negotiations can take place.
The process requires that spiritual matters be set aside in the sense of the task at hand and that conscious decisions need to be made in order to meet those 2 simple goals. Goal 1 - form a Native Hawaiian Government that can be recognized domestically and internationally without question or later legal challenge. Spiritual matters won't be applicable to that domestic/international recognition merely that the required steps and agreements be made amongst the Native Hawaiians in order to form that Government will be considered.
Goal 2 - Enter negotiations with the United States.
It's a very simple matter, yet without it nothing with regard to reparations can or will go forward without it.