Letters for Thursday, November 20, 2014

• Clarifying legal history, status of Hawaii • Cost of homelessness is high

Clarifying legal history, status of Hawaii

 Responding to the letter from Mr. James Kuroiwa, Jr., who has misconstrued the legal history and current legal status of Hawaii. The Newlands Resolution (1898), Organic Act (1900), Admission Act (1959), and Apology Resolution (1993) are domestic laws of U.S. Congress which have no power under the U.S. Constitution to be legally applied outside the borders of the 49 U.S. states, in the territory of the Hawaiian Kingdom. 

Consequently, U.S. Supreme Court decisions likewise have no extraterritorial force outside the borders of the 49 U.S. states. Furthermore, the aforementioned laws do not list the names of the Hawaiian Islands that would define the territory for a “50th state.” Therefore, Hawaii as the 50th state does not legally exist under U.S. laws.

The treaty of annexation offered by the self-declared Republic of Hawaii was never put to a vote of the Hawaiian population at the time, the vast majority of which was opposed to annexation. Furthermore, it failed to obtain the super majority in the Senate, which is required for a treaty of annexation under the U.S. Constitution. Therefore, there is no treaty of annexation (cession) to transfer Hawaiian sovereignty to the United States and cede Hawaiian Kingdom lands to the United States. The two failed attempts to annex Hawaii to the United States by treaty, in 1893 and 1897, as the U.S. did for the preceding 49 states, demonstrates U.S. acknowledgement that this was customary international law at the time. Therefore, Hawaii as the 50th state does not legally exist under international law.

On Jan. 17, 1893, using the protection of U.S. Marines in violation of international law, the government of the Hawaiian Kingdom was hijacked by a small group of insurgents calling themselves the “provisional government.” Since governments and states are separate entities, the illegal overthrow of the Hawaiian Kingdom government in 1893 did not overthrow its sovereignty as a country, nor its independence as a state. 

Therefore, the Hawaiian Kingdom lands seized by the United States in 1898 still belong to the Hawaiian Kingdom, which still exists according to the presumption of continuity under international law, albeit as an occupied state.

Keokani Marciel, Las Vegas

Cost of homelessness is high

The typical rhetoric of Mayor Carvalho published in TGI’s  Nov. 18 article, “Out of friendship and love,” regarding homelessness hit a nerve. Both my son and his dad are Native Hawaiians: homeless in their own homeland.

Homelessness is generational for lots of Native Hawaiians.

Secondly, roots of childhood trauma, experiencing verbal/ physical parental fighting attributes to the cycle of homelessness: Low self-esteem, inability to function socially/emotionally as adults leads to dissociative disorders. Please see: DSM IV (Diagnostic and Statistical Manual of Mental Disorders).

Next, self-medication: Substance abuse/alcoholism go hand-in-hand in mental health issues and homelessness.

Published in TGI’s “A public health emergency: The silent victims,” by Dr. Chia Granda, psychiatrist, on April 23 stated that research proves that children (infants, too) are “seriously affected (including permanent brain changes) by witnessing domestic violence.”

Cutbacks in mental health services from the Lingle Administration increased, escalating causes to the homeless crisis. Lack of child mental health services also continues to fuel homelessness in Hawaii.

“The other side of paradise” by Robert Johnson on Aug. 2, 2013, stated “More than 700,000 people visited Hawaii in June 2013 and spent $1.3 billion in one month alone.”

Plenty few people in corporate realms, be it multi-national consortiums or developers are running government in Hawaii.

The mayor: great orator; and other government employees; let’s give a hand to the people buying the $10 million ranches soon to be available in Princeville, thanks to the appointed planning commissioners from Kauai County.

Bonnie P. Bator, Anahola


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