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Frank - how about...The Hawaiians OWN the land!
But they don't - the U.S. Supreme Court made it clear in 2008 that the State of Hawaii holds title to Ceded/Crown lands free and clear. The State could sell the lands if they so desired, once clearing up Act 176 restrictions and amending the State Constitution.
The grounds for a Federal 14th Amendment challenge to Hawaii's laws looms just over the hill, which if pursued would unravel all these preferential programs. (Kamehameha schools has dodged this bullet repeatedly only by settling several lawsuits out of court to the tune of multiple millions of dollars each time)
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@ironyak...But they don't - the U.S. Supreme Court made it clear in 2008 that the State of Hawaii holds title to Ceded/Crown lands free and clear.
I disagree...
I'm of the belief that the USA never had nor were legally given title to ceded land of Hawaii...I look forward to the findings when the 14th amendment is challenged...
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the U.S. Supreme Court made it clear in 2008
Kingdom doesn't recognize the Supremes, so this ruling is irrelevant.
The Hawaiians OWN the land!
I will be expecting a refund of all the property taxes I've paid.
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@Frank - yeah, now if only your opinion had the same legal standing as 3/4 of US Representatives, 2/3rds of Senators, & a President in 1898 and multiple Supreme Court justices over the years. Ignore it all you want but the Feds have smacked the State down over this time and time again (e.g. voting for OHA reps).
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The legal effect of the Apology Resolution was addressed in the decision of the U.S. Supreme Court of March 31, 2009
I read this as a ruling on the effect of the Apology Resolution and its effect on ownership...not on the basing of ownership of land one does not own out right or have proven title to...please reference right of over throwers to give crown lands to the USA...thank you
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" . . .how about...The Hawaiians OWN the land!"
Which Hawaiians? The 50% blood quantum ones who qualify for those elusive Homelands allotments? The ones who look white, but send their kids to Kam schools? The ones who think they are due a bonanza of benefits under a "nation," but will probably get screwed by those who are "more Hawaiian?" The few hundred sitting in the road pretending to represent all the rest?
As for the 14th Amendment, the current Supreme Court is in no mood for racial set asides or favoritism, just wait and see. And Statehood is forever, period.
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The Overthrowers (the Committee of Safety organizers of the coup) took full possession of all lands when they overthrew the Kingdom in 1893. They then gave themselves to the U.S. which accepted in 1898.
Overthrowers always have title to the land - it's called conquest (or perhaps a "change in management" in current parlance) Given that many nations (including the U.S. and Britain) recognized the sovereignty of the Republic of Hawaii in 1894, what other legal powers said otherwise?
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The 50% blood quantum ones who qualify for those elusive Homelands allotments?
Fewer still can prove it. DNA testing would solve this, if anyone dared to know the truth.
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"I suggest our remaining astronomers will retain employment in the present positions currently held. Protesters are not requesting shutting down the entire mauna...at this time"
the protesters have completely blocked the Mauna Kea Access Road. The only way for observatory staff is to arrange access on a limited basis through law enforcement using an unsafe access "trail" over lava which is blocked by a protester gate or to drive around the Kupuna blockade on a rough piece of lava. Neither are suitable for heavy traffic and are certainly not suitable for transporting delicate equipment or instrumentation. This means the observatories cannot operate because they do not have the lawful access required for regular operations.
The protesters may not be requesting shutting down the mountain but in practice that's what they are doing. And please remember that probably the smallest group that works at the observatories is astronomers. The rest includes locals working at the observatories plus thousands of other local employees who rely on unfettered access to the mountain.
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the observatories cannot operate because they do not have the lawful access required
They also refrain from taking legal action because they don't want to poison the relationship, right? At least they're not wasting time talking to Ige or Kim?
plus thousands of other local employees who rely on unfettered access
They can just find other jobs. Nobody is forcing them to work on the mountain.
