01-28-2016, 10:48 AM
PM2 - Not at all. I am merely stating that civil disobedience has a clear threshold that must be reached to be considered unlawful activity. Conduct, whether you label it civil disobedience, or not, has defined bounds of acceptability in our society. The assertion that the label makes a difference is not supported in statutory law, or the practical application of case law.
Kalakoa - The state is not a "person", and as such is not culpable for such conduct. Additionally, in the instance of Colorado, for example, the action of cannabis legalization was instituted by the people through a constitutional referendum. Therefore, it in and of itself is the 'civil authority.' 'Civil authority,' though often mistaken to mean the government, is not a reference to the government itself. Rather, it refers to the power of the people to self govern. In Hawaii this power is codified in our constitution, in Section 1 of Article 1.
"All political power of this State is inherent in the people; and the responsibility for the exercise thereof rests with the people. All government is founded on this authority."
Kalakoa - The state is not a "person", and as such is not culpable for such conduct. Additionally, in the instance of Colorado, for example, the action of cannabis legalization was instituted by the people through a constitutional referendum. Therefore, it in and of itself is the 'civil authority.' 'Civil authority,' though often mistaken to mean the government, is not a reference to the government itself. Rather, it refers to the power of the people to self govern. In Hawaii this power is codified in our constitution, in Section 1 of Article 1.
"All political power of this State is inherent in the people; and the responsibility for the exercise thereof rests with the people. All government is founded on this authority."