Archive for category Commentary

Book review of Jon Van Dyke “Who Owns the Crown Lands of Hawaii?”

Book review by attorney Paul M. Sullivan, published in UH Law Review:

http://tinyurl.com/ctbopx

Sullivan’s book review in the context of other materials about the ceded lands and the recent Supreme Court decision:

http://tinyurl.com/chbkpx

Dr. Sai’s “legal fiction”

David Sai is perhaps most well known for his Perfect Title scam, for which he recieved a felony conviction.  In a recent email shared on hawaiiankingdom.info, in which he refers to his conviction as a “so-called felony,” Mr. Sai gives his take on the recent SCOTUS decision which eviscerated the so-called “Apology Resolution” and its whereas clauses.

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Apology Resolution Apology

In 1993, radical activists managed to pass PL103-150, otherwise known as the “Apology Resolution.”  The resolution itself was based on the writings of a single activist author, Davianna McGregor, and went through no vetting process to establish whether or not any of the “whereas” clauses regarding the history of the Hawaiian Islands and the Hawaiian Revolution of 1893 were accurate.  It was passed through the Senate with limited debate and assurances that it was a “simple apology,” and was passed by the House of Representatives with no debate at all through a voice vote.  It was stealth legislation of the lowest order, and its passage has reverberated with adverse consequences for the past 16 years.

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An Open Letter to Barack Obama

Dear Mr. Obama,

As the final days count down to your inauguration, I would like to share with you one very specific hope and its corollary fear I have.  Throughout your campaign, although I did not support your candidacy, I greatly admired your rhetoric on race and race relations.  As the first “hapa” president, although you and I don’t share specific bloodlines, we do share the experience of being built and raised struggling with the idea of whether or not we were “half” this or “half” that, or a “whole” something else.  I believe the answer we both arrived at is that we are “whole” people, and that beyond “black” and “white” we are both in fact “human.”

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We are all Hawaiian

In a sad reminder that freedom is not free, a group of radical racial sovereignty activists assaulted Iolani Palace staff, broke into both the grounds and the buildings, and desecrated a public historical treasure on Statehood Day, 2008. Led by James Kimo Akahi, an ex-convict claiming to be the King of Hawaii, a group of violent activists declared that all State of Hawaii citizens were under “federal arrest”. Although this further escalation between racial separatists and the general public of Hawaii has its roots as far back as the 1800s, it has been encouraged and exacerbated by modern day racial demagogues and the politicians who believe they can appease them.
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The Aloha Spirit

by Ken Conklin

The Aloha Spirit is enormously powerful It is the origin from which all life force is derived, and the destiny toward which evolution strives. It is the localized Hawaii name for the Holy Spirit of the Christian Trinity; or the Form of Goodness in Plato’s doctrine of the Forms. The kokokahi sentence was the first sentence in Hawaii’s first Constitution (1840), and shows the Aloha Spirit in action: “God hath made of one blood all races of people, to dwell on this Earth in unity and blessedness.” The greatest attack on the Aloha Spirit is the Akaka bill (S.310 in the 110th Congress) which proposes to divide Hawaii’s people by race, creating a racially exclusionary government for ethnic Hawaiians. See the webpage: “The Aloha Spirit — what it is, who possess it, and why it is important” at

http://tinyurl.com/66w4m2

International Recognition of Republic of Hawaii Discredits Apology Resolution and Undermines Akaka Bill — See Photos and Analysis

by Ken Conklin

Letters granting full diplomatic recognition to the Republic of Hawaii were personally signed by the rulers of 19 foreign nations in 1894, including Queen Victoria, President Grover Cleveland, and Tsar Alexander III of Russia. Photographs of letters from all 19 nations are available on a new webpage at

http://tinyurl.com/4wtwdz

The family of nations recognized the Republic as the legitimate government of Hawaii. That fact disproves the claims of Hawaiian sovereignty activists, discredits the apology resolution of 1993, undermines the Akaka bill, and confirms that the ceding of Hawaii’s public lands at annexation was done by a Hawaiian government fully recognized under international law. The historical significance of the fact that the Republic was internationally recognized, and its implications for statehood, Akaka bill, and ceded lands; are discussed at

http://tinyurl.com/2pxqgz

along with a detailed example of the Hawaiian sovereignty lie that the Republic was never recognized.

An economist’s view of the Akaka bill

We asked an economist who moved to Hawaii within the last 18 months to have a look at the Akaka bill and related documents. He specifically asked that his name not be revealed because he sense (rightfully or wrongly) that he might be targeted for his thoughts. Here they are, unedited, just as we received them.

~ Dick Rowland

How will it affect the vast majority of “native” Hawaiians?

A good bit of the stated rationale for the bill is contained in one interpretation of history, though credible challenges to that interpretation abound. It seems to me that history, whatever its interpretation, is pretty much irrelevant to the future of so called “native” Hawaiians. The status quo is the status quo, no matter how we got there subsequent to the events of the 1890’s and before. What we need to do is take a prospective look at probable outcomes of the bill. How will the bill affect the people of Hawaii and the nation, including those “native” Hawaiians singled out for “special” treatment?”

 

One erroneous interpretation of history that is somewhat relevant to this prospective look, because it misleads us about how we arrived at the status quo, is the bill’s assertion that “the long-range economic and social changes in Hawaii over the nineteenth and early twentieth centuries have been devastating to the population and to the health and well-being of the Hawaiian people[1].” Nothing in the background accompanying the legislation says why its drafters think so. Most likely what is meant is contained in a speech by Assistant Secretary of the Interior John Berry subsequent to the Apology Resolution: “It cannot be ignored that such a governmental act as the overthrow of 1893 is not without physical and economic consequences for the indigenous people of Hawaii. The statistics of today for the majority of Native Hawaiians are not good and they unfortunately parallel many of the problems facing the indigenous people of the continental United States[2].” The gist of the Apology Resolution and the Akaka Bill suggests a cause and effect that is absurd, namely that the “overthrow” of the monarchy caused poor health and well-being for the so-called “native Hawaiians.”

This assertion constitutes lazy thinking. How would the monarchy’s continuation have allowed Hawaiians, “native” or otherwise, to flourish in the way they actually have under the rule of law, protection of property rights and freedom to trade that they enjoy as U.S. citizens? “Native” Hawaiians are doing much better than the world’s average by any statistical measure, certainly much better than the subjects of monarchies in existence today. Do the drafters believe that there is an impediment to “native” Hawaiians doing even better? If so, what is it?

Their answer is implicit in the Akaka Bill’s long list of “rights” obtained through the “provision of governmental services.” The laundry list of these “rights” includes[3]:

(i) health care services;

(ii) educational programs;

(iii) employment and training programs;

(iv) economic development assistance programs;

(v) children’s services;

(vi) conservation programs;

(vii) fish and wildlife protection;

(viii) agricultural programs;

(ix) native language immersion programs;

(x) native language immersion schools from kindergarten through high school;

(xi) college and master’s degree programs in native language immersion instruction; and

(xii) traditional justice programs

 

Presumably (they don’t actually say this) more government provision of these “rights” would raise the “native” Hawaiians standard of living to a level statistically more in line with other citizens of the U.S. But how can this be? Are they not already receiving a heavy dose of government provision of all of these “rights?” There are national and state entitlements galore for the poor – housing, energy, health care, food stamps, earned income tax credits, assistance to needy families, government-run schools and the like. In addition, there are special provisions for “native” Hawaiians. The Akaka Bill seems to imply that all these government provided “rights” are not enough. If that is what it means, then how much more would be enough and in what form? We should demand a concrete idea of what is in mind. By the way, judging by the dismal results of special provisions for the indigenous people of the continental United States, why would “native” Hawaiians ever want to subject themselves such “special” treatment?

That “native” Hawaiians are not doing as well “statistically” probably is more the result of “cultural” qualities mentioned in the Akaka Bill: “economic self-sufficiency[4]” and cultural practices such as “traditional agricultural methods, fishing and subsistence practices, maintenance of cultural use areas and sacred sites, protection of burial sites, and the exercise of their traditional rights to gather medicinal plants and herbs, and food sources.” These ways of doing things are not the way to higher statistical economic prosperity as we commonly measure it. But our common measure is unlikely to be valid for these Hawaiians. They are choosing these practices because that is what they want and they have that freedom. At least we think they have that freedom; is somebody interfering with it? A simple test of how these cultural qualities affect economic statistics may be available through census data: How are “native” Hawaiians living in Hawai’i doing compared to their counterparts where these cultural values likely do not hold as rigidly, such as California and Nevada?

Of course, some of the “not good” statistics may be the result of the very programs that the Akaka Bill would like us to expand. After all, when you punish responsible behavior (the behavior that puts you higher in terms of economic statistics) you get less of it. Similarly, when you subsidize irresponsible behavior (the behavior that puts you lower in terms of economic statistics) you get more of it. If these programs, from our dismal school system to welfare schemes that are supposedly designed to help the poor, are really working, then show us your evidence before we embark on expansions of all of it.

Speaking of the implicit goal of expanding all of these “rights,” where is the money going to come from? Nothing is mentioned about the new layer of “sovereign” government having any taxing power over its citizens. How much of a wealth transfer from non-natives to the new “sovereign” government is envisioned?

Unleashing a power struggle to become the new Ali’i

Who will gain from the Akaka Bill? The Akaka Bill is about political entrepreneurship. A small, vocal minority seems to have allied with politicians in selling their promises of “reconciliation” and improved welfare to an unaware public. While the outcome of the Akaka Bill is unlikely to help the warriors, that cannot be said for the new chiefs. The prospective chiefs have already unleashed a struggle for the wealth and power that will accompany their positions. They exist in the state’s Office of Hawaiian Affairs and the Department of Hawaiian Homelands.

A Dangerous Precedent

The kinds of wealth transfers in “reconciliation” as suggested by the Akaka Bill are nothing more than reparations filtered through the new Ali’i for supposed wrongs that occurred over four generations ago. This kind of precedent, if it passes constitutional muster, opens the door for any other group claiming historical injustice based on race. The state of Hawai’i is already engaging in this dangerous precedent; and it should be challenged in court for the massive wealth transfers it is brokering without our consent.

Ceded Lands

The “ceded lands” are a problem whether or not there is an Akaka Bill. The government owns a bunch of land supposedly held for use in common as a matter of historical evolution. Allowing a good bit of this land to be owned privately would promote prosperity and better stewardship. But that is unlikely to happen. There will always be interest group struggles over disposition of that land. The result of the struggles is likely to keep it in government hands.



[1] Quoting one of the whereases from the Apology Resolution

[2] Speech at Iolani Palace Bandstand in December 1999.

[3] House version of the Akaka Bill passed in October 2007.

[4] North Korea has the explicit goal of being the most “economically self-sufficient” country on the face of the earth; and as a result most North Koreans face unimaginable poverty.

WHAT?… I’m NOT Hawaiian?!?

by The Essayists | editor@zeroshibai.com

My wife’s parents came here in 1919 from the Philippines (many of us share a similar story). They had a bunch of children who have served in the Military, the Hawaiian Air Guard, Hawaii National Guard, built homes, had families, and contributed to the culture and the economy. My wife was born in the Territory of Hawaii. One of her daughters teaches our children here in Hawaii. Her grandchildren go to school in Hawaii. When my daughter read the changes that would be wrought by the Akaka Bill, she said, “What? I’m not Hawaiian?!?”
A friend, a cleric who has devoted his life to ministering to the people of Hawaii (including those inconvenient vows of poverty and chastity), is fifth generation Hawaiian. Oops, I shouldn’t call him “Hawaiian”. He’s fifth generation of a Portuguese family who came to Hawaii in the 19th Century. That family has built businesses, families, homes, and faith in these islands. Presented with the Akaka Bill he asked me, “What? I’m not Hawaiian?!?”
A good friend’s family came here in the early 19th Century. People were still living in lava tubes on the Big Island. His ancestors served the Kings and Queens with loyalty and distinction. They served the people of Hawaii, generation after generation. He is Caucasian. Not Haole – for those of you who are completely clueless, Haole means foreigner, not white. According to the Akaka Bill about 80% of this state’s residents are Haoles. My Caucasian friend asks, “If we’re not Hawaiians, what are we? We have nowhere to go. This is our home.”
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Aloha to the Constitution – October 25, 2007

In the Hawaiian language Aloha is used as a traditional greeting or farewell. Yesterday 261 Members of the House of Representatives said Aloha to the principles set forth in the Constitutuion by voting in favor of H.R. 505, the Native Hawaiian Government Reorganization Act….

Read more:

Family Research Council: Aloha to the Constitution