Sun - June 29, 2008

UK Telegraph covers Hawaiian occupation, resistance


The UK Telegraph has an article on the "Hawaiian Kingdom Government" group that has had a presence at 'Iolani Palace since late April.

There are some inaccurate and confusing things in the article (including the headline that Kahau is "queen" of Hawaii—there's a constitutional process for election by the legislature of a monarch in an interregnum, a process that has not yet been followed, and no one outside of her group recognizes her as queen, even if they may support her overall efforts), but there's also some good information, and its generally good exposure for folks abroad to become more aware of the issue here.
"The legal cause for the restoration of the kingdom is air-tight," said Francis Boyle, professor of international law at the University of Illinois, who has been advising Hawaiian independence groups since 1992.
[...]
"Native Hawaiians operate in accordance with the Aloha spirit, which is similar to Mahatma Gandhi's Satyagraha force, and I take the position that if Gandhi can throw the mighty British Empire out of India with Satyagraha, Native Hawaiians can throw the mighty American empire out of Hawaii with Aloha."

Posted at 03:17 PM     Permalink      

Wed - June 25, 2008

Kanahele sees constitutional meeting as way to unify factions


Advertiser has a story today about the constitutional convention being proposed by Bumpy Kanahele.
Hawaiian rights activist Dennis Pu'uhonua "Bumpy" Kanahele is gaining support for a proposed Native Hawaiian constitutional convention aimed at unifying the historically fractured Hawaiian independence movement.

A Native Hawaiian convention would be separate from a ballot issue in November asking voters whe-ther they want a convention to amend the state Constitution.

A Native Hawaiian concon was supported yesterday by several members of Native Hawaiian organizations, including the Kanaka Maoli Tribunal Komike, the Kaua'i-based Koani Foundation and Hui Pu, an umbrella organization of various independence organizations.

The Hawaiian Kingdom Government, which is occupying the mauka lawn of 'Iolani Palace and "conducting business" there as its first step toward reclaiming Hawai'i from the U.S., also supports the intent of a constitutional convention, said spokes-man Orrin Kupau.

Kanahele said a petition drive to gather supporters for a Native Hawaiian concon has drawn more than 20,000 signatures.

Kanahele, leader of the Independent and Sovereign Nation State of Hawaii (Nation of Hawaii), said the constitutional convention would create a "free, fair and impartial process" for sovereignty advocates to discuss how they can collectively move forward.

The article also notes that "Kanahele said he is disavowing himself from a press release sent to the media Monday by Thayer Lindauer, a California-based attorney who described himself as the communications director for Nation of Hawai'i."

For more information, visit BumpyKanahele.com.

Posted at 08:32 AM     Permalink      

Mon - June 23, 2008

Constitutional Convention Press Release not authorized


I should have double checked it first, but the press release I posted from Nation of Hawaii was unauthorized and incorrect, and quoted Bumpy inaccurately. Sorry about that.

Bumpy is working on getting together a con-con, though, and you can read more about it at BumpyKanahele.com/con-con.php. He is helping to circulate a petition, and has a brochure on the con-con plan in PDF at the bottom of the page that you can download and print out and distribute.

Posted at 02:01 PM     Permalink      

Sun - June 22, 2008

Imiola's 'celebration of life'


Anyone who has been around the movement for sovereignty and resistance to militarization in Hawaii knows 'Imiola. I hadn't seen him in years, but he was still active on some email lists where we've been discussing and debating occupation and independence for years. Then he came to the East Maui Taro Festival in April, and came up and visited Kapahu Farm on Sunday. He was with his brother Lockwood, who mentioned that 'Imiola was sick and wanted to make this last trip to Hana, and see the farm, before he was gone. He didn't get into details and I didn't ask, but it was apparent he didn't expect it to be long. I wish I had a picture. But anyway, 'Imiola really enjoyed walking around the farm and seeing the taro growing and listening to the water flowing. We had a nice visit and it was a treat to see him, and sad departing knowing it would be the last time. I invited him to come back again next year, but knowing that wasn't likely. Well, rest in peace, 'Imiola, and mahalo nui for all you did to help spread peace in Hawaii.

Carl 'Imiola Young
June 15, 2008
Carl 'Imiola Young, 66, of Honolulu, a Roosevelt High School and Hawaiian Academy teacher, died in Honolulu. He was born in Honolulu. He is survived by wife Stella Pihana-Young; stepsons Eddie and Wade Pihana; stepdaughters Jody, Arlene and Kinikalela Pihana; brother Dr. Lockwood; sister Jade; seven grandchildren; and a great-grandchild. Celebration of life: 8-10 a.m. Saturday at Cultural Learning Center at Kaala. Proceed at 10:30 a.m. to Waianae Boat Harbor. Paina to follow. Casual attire.

Posted at 08:29 AM     Permalink      

Thu - June 19, 2008

AP: Hawaiian group demands restoration of the monarchy


The AP has an article on the Palace presence of the Hawaiian Kingdom Government group, which has been syndicated far and wide under the headline "Hawaiian group demands restoration of the monarchy."

Posted at 11:37 AM     Permalink      

Sat - June 14, 2008

New rules proposed for Palace


Advertiser reports that DLNR has proposed new rules for 'Iolani Palace and its grounds, spurred in part by the presence of the Hawaiian Kingdom Government group on the grounds since April 30. Star-Bulletin also has a story, saying the rules "specifically prohibit 'unauthorized occupation' of Iolani Palace and other buildings on the palace grounds."

Posted at 08:25 AM     Permalink      

Wed - June 11, 2008

Kamehameha Day


Happy Kamehameha Day! Maui News has an editorial with a quick history and a call to look at Kamehameha as an example of "unity within the Hawaiian community."

Update: Advertiser has a story on the day.

Posted at 12:49 PM     Permalink      

Mon - June 9, 2008

Noa case: Closing arguments and findings


Rec'd via email, here are the Closing Arguments and Findings of Fact and Conclusions of Law for the case involving Henry Noa and two other Reinstated Hawaiian Government members and their presence on Kaho'olawe.
Noa closing.pdf

NOA FOF_COL.pdf

Posted at 09:39 AM     Permalink      

Fri - May 30, 2008

"No problems" at Palace occupation


Advertiser reports "No problems have been reported this week with a Hawaiian sovereignty group occupying 'Iolani Palace grounds..."

Posted at 09:30 AM     Permalink      

Wed - May 28, 2008

Henry Noa press conference


Here's a video of Henry Noa giving a press conference after their court hearing last month.

Posted at 10:34 AM     Permalink      

Tue - May 20, 2008

Palace presence permit


Advertiser reports that the "Hawaiian sovereignty group occupying the 'Iolani Palace grounds was granted a permit yesterday, after being denied one last week for breaking rules."

Posted at 07:56 AM     Permalink      

Mon - May 19, 2008

Italian Consulate recognized Hawaiian Kingdom, sorta


Check out this letter from the Honorary Vice Consulate of Italy in Honolulu to the Hawaiian Kingdom Government, dated February 28: letter from Italy.pdf


It says:
This office on behalf of the Italian Government in Hawai`i acknowledges that there was a prior treaty that was not between the United States nor the State of Hawai`i but between the Hawaiian Kingdom and the Italian government.

We acknowledge and recognize that the Hawaiian Kingdom exists and is operating at 210 `Iolani Avenue in Honolulu, Hawai`i 96783.

We appreciate your visits to our office and appreciate the relationship that Italy has with the Hawaiian Kingdom and its currently operating government.

Hawaii Reporter apparently talked to Italian Embassy spokesperson who disavowed the letter. And the title of honorary consul is really not one of much weight anyway, in terms of actually being able to bestow recognition especially. But still, interesting...

Posted at 03:44 PM     Permalink      

Palace presence to continue


Advertiser reports that "The Hawaiian Kingdom Government sovereignty group vowed yesterday to continue occupying 'Iolani Palace grounds despite having its permit application rejected."

Posted at 09:19 AM     Permalink      

Sun - May 18, 2008

Hawaiian royal societies criticize Palace occupation


Advertiser reports that the group 'Aha Hipu'u, representing the four Hawaiian royal societies (the Royal Order of Kamehameha I, 'Ahahui Ka'ahumanu, Hale O Na Ali'i O Hawai'i and Daughters and Sons of Hawaiian Warriors — Mamakakaua), yesterday made a statement that the sovereignty group Hawaiian Kingdom Government should stop its occupation of the palace grounds, saying they "strongly denounce the actions of this group as well as its claims to be heirs of the Hawaiian kingdom."

Update: Ian Lind had an article in last week's Honolulu Weekly about the challenges in resolving Hawaiian issues, and a related post on his blog today.

Posted at 08:59 AM     Permalink      

Sat - May 17, 2008

Palace permit denied


Advertiser article and Star-Bulletin article that "The state yesterday denied a permit to a Hawaiian sovereignty group that wanted to continue to occupy part of the 'Iolani Palace grounds, as it has been doing since April 30 [...] saying it had broken the rules of previous permits issued to the group."

Posted at 07:09 AM     Permalink      

Thu - May 15, 2008

Reactions to Palace Actions


The Advertiser has an article today about activities at the Palace (sorry I haven't been keeping up with this), including Mahealani Kahau being escorted off the property yesterday because she violated the terms of the permit, which they had agreed to get after originally being present on the Palace grounds without one.

The end of the article has reactions from different leaders (I've added the links):
Kahau's group is one of several organizations which claim to be the rightful Hawaiian government and do not recognize the authority of the Hawai'i state or U.S. government rule.

Those other organizations have had a mixed view to the action taken by Kahau's group.

Dennis Pu'uhonua "Bumpy" Kanahele, head of the Independent and Sovereign National State of Hawai'i (Nation of Hawai'i), said he does not recognize the Hawaiian Kingdom Government as the official authority of Hawai'i, but said he supports their action.

"I do support their intent, which is to go there to claim the kingdom," Kanahele said. He confirmed that he personally phoned Hawaiian Kingdom Government staff to express his support.

Henry Noa, prime minister of the Reinstated Government of Hawai'i, said he did not phone in his support of the Hawaiian Kingdom Government's actions as Kahau had stated.

Nonetheless, Noa said, the palace grounds occupation has focused attention on the sovereignty movement and given each of the groups a chance "to present information to our people so that they can be better informed about the differences."

David Keanu Sai, acting minister of the interior for a group known as Acting Government of the Hawaiian Kingdom, said on the organization's Web site that many have incorrectly associated his group with Kahau's.

While the Acting Government is provisional and exists until a true Hawaiian government can be reconstituted, the Hawaiian Kingdom Government "organized themselves without any basis in Hawaiian constitutional law," Sai wrote.

Sai's group has been attempting to regain control of Hawai'i through international law.

Leaders of Hui Pu, an umbrella group of different Hawaiian independence organizations, visited the palace grounds on the first day of the Hawaiian Kingdom Government's action and said they support its intent.

Posted at 02:15 PM     Permalink      

Wed - May 14, 2008

Lithuania gives Hawaii independence tips


Kuhio Vogeler recently traveled to the Baltic States as part of his thesis comparing their occupation and "restored state" status with Hawaii, and this article was published last week in Russia Today.
Hawaiian political scientist Kuhio Vogeler has come to Lithuania to find out how the Baltic states’ example can help his islands gain independence from U.S. ‘occupation’, as he calls it.

Hawaii became the 50th state of the U.S. on August 21, 1959. According to Vogeler, they were occupied by the U.S. just like, as he believes, Estonia, Latvia and Lithuania were illegally subsumed within the Soviet Union territorial borders after World War II. The scientist thinks that Lithuania’s experience of restoring the state system just confirms the fact that Hawaii was occupied and can now gain sovereignty, writes Delfi.lt

The 43-year-old wants to prove the fact of Hawaii occupation in his doctoral thesis and compare their history with that of the Baltic states.

Posted at 07:56 PM     Permalink      

Tue - May 13, 2008

Keanu's statement re "Hawaiian Kingdom Government"


FYI, Keanu Sai has posted a statement on the HawaiianKingdom.org website in response to the recent activities of the "Hawaiian Kingdom Government" due to the confusion between the two. If you google "hawaiian kingdom government" Keanu's site comes up first, and Mahealani's second, so many people apparently were writing to Keanu thinking they were the ones taking the actions at the Palace. So Keanu wrote this statement to clarify the misunderstandings, and he provides a lot of background information about the actions they have taken, their positions in relation to Hawaiian kingdom and international law, and their strategies moving forward. Agree or disagree, it is worth reading to understand where they are coming from.

Posted at 05:10 PM     Permalink      

Sat - May 3, 2008

Palace presence to continue on weekdays


The New York Times covers this week's occupation of the Palace grounds by Mahealani Kahau's Hawaiian Kingdom Government.

And here's an article in today's Advertiser that covers their discussions with DLNR about their presence at the Palace, which they say will continue every weekday.

Posted at 08:11 PM     Permalink      

Wed - April 30, 2008

Kingdom citizens occupying 'Iolani Palace


Rec'd via email...

From: Mahealani Wendt <mawendt @ nhlchi.org>
Subject: Kanaka Maoli Occupation of Archives & Palace
Date: Wed, 30 Apr 2008 09:23:57 -1000

Late breaking news: It is reported by an on-scene observer, an NHLC staffer, that approximately 100 Kingdom of Hawai`i citizens have barricaded and are guarding entrances to the Archives and `Iolani Palace. They are refusing entry and exit to anyone who is not kanaka maoli. Many DLNR enforcement officers are on the scene.  They feel it is time to take steps to take our country back. Let us hope everyone stays safe. xxx Mahealani

Update: Here's the Advertiser breaking news:
A Native Hawaiian organization this morning is blocking entry into the Iolani Palace with no-trespassing signs, saying the grounds are the property of the "Hawaiian Kingdom."

About 70 people with the "Hawaiian Kingdom Government" gathered on palace grounds beginning at 5:30 a.m. today.

Signs are posted on the gates and only kanaka — those with Hawaiian bloodlines — along with media are being allowed entrance to the grounds.

The organization says it is the rightful owner of the palace and it is time to assume and resume its official state seat on Iolani grounds.

Security guards representing the Kingdom have been posted at each gate and they are giving out applications to those wanting to be recognized by the organization.

And here's the Star-Bulletin breaking news:
A group calling itself the Kingdom of Hawaii chained and locked all gates to Iolani Palace this morning, barring the public, tourists and government workers from the area.

Two men at the gate fronting the state Capitol, Harris Fuller and Kimo Kamakeeaina said they were sheriffs in the Hawaiian Kingdom government and would not let non-Hawaiians nor people who were not “citizens of the kingdom” enter.

The gates had large yellow signs claiming that entering the area would be considered “Criminal Trespass” by the Hawaiian Kingdom government.

Laura Thielen, chairwoman of the state’s board of Land and Natural Resources, said the property is controlled by the state’s land department and officials were talking to the protesters.

Thielen said about 35 people barred the public from entering the grounds, claiming sovereign rights over the area.

“The Department of Land and Natural Resources, state parks, which manages the palace with the Friends of Iolani Palace is closing the area,” Thielen said in a statement. “DLNR enforcement officers are working to fully assess the situation and are talking without the protesters to peacefully end the protest. We will continue to update the public as we get more information.”

Update 2: Got confirmation that it is this Hawaiian Kingdom Government taking this action. Also that they plan to be there for the long term, and the report that they are letting only Hawaiian Kingdom citizens enter is inaccurate, they are welcoming all supporters to join them, and inviting everyone to come on down to support.

Update 3: Here's a bit more detailed update from Andre Perez...

From: <kanikapu @ yahoo.com>
Date: Wed, 30 Apr 2008 14:17:45 -0700 (PDT)
Subject: [Hui_Pu] **UPDATE** Kanaka Maoli Occupation of Archives & Palace

Aloha aina,

Just got back from the palace.. It's Mahealani and about 75-100 of her people. They do not have gates barricaded at all. They just have several security personnel at each gate and are controlling access.. They have signs posted at the gate that says something like - property of Hawaiian Kingdom Government or something similar. They were very friendly and amiable to me. They are well organized with radios and comm. headsets for their security.

So far, cops wont touch it. Sheriffs came and were given documents and left.

Spoke with Mahealani and her Chief of Security, Keala Tau'a.. They said they are reclaiming rightful ownership and plan to occupy or basically stay for good. They hope to set up an office in one of the archive buildings. The Star Bulletin is reporting that they are only allowing citizens from their Hawaiian Kingdom Government onto the palace grounds. This is NOT TRUE! They are welcoming ALL HAWAIIANS and supporters to join them.. They told me to let people know to come down...

This could be a catalyst for something powerful. I'm gonna go down after work to kako'o..

andre

Update 4: Ian Lind also checked things out for himself and posted this brief report.

Update 5: KITV4 News video of Mahealani Asing news conference explaining the reasons for their actions. (Among other things she notes that they are totally unarmed.)

AP article on Yahoo News. Longer AP article in Seattle PI. CNN Wire item. Canada Free Press has an piece by Malia Zimmerman. Google News results for related articles.

Update 6: On Google News main page, this item is currently one of the top three items featured under the U.S. section (earlier it was the top item), with 299 articles listed, mostly versions of the AP story. This event got major worldwide media coverage.

I'll be out tomorrow so unfortunately I won't be around to continue to update as events unfold, but I'll try to catch up tomorrow night when I return.

Update 7: Photos from Pono Kealoha. Photos from Lynette Cruz.

And this first-hand perspective from Lynette:
i just sent around pono's photos. we pretty much covered the same ground, except for the students in front of the flag! those were great photos, pono! mostly we were both videotaping. that footage probably won't be ready to send around until tomorrow or friday.

mahealani asing mentioned that chief of police boise correa was advised by others not to enter the gate into the palace grounds because 'they might hold you hostage'. and his response was 'that's ridiculous! these people aren't terrorists or violent. besides, she's my cousin.' i thought that was funny. so he came onto the grounds next to the archives and behind the queen's statue and sat with mahealani for 10 minutes or so. they talked. he leaned over and gave her a hug. then he stood up and hugged or shook hands with the members of mahealani's group. then he left. i asked mahea what the outcome of the meeting was. she said he told her that the police wouldn't arrest them. since this was considered a state park, the state (not the city) had jurisdiction so he would direct the police to leave. she mentioned, too, that state law enforcement would probably come and try to arrest them. 

they might get arrested, or if they were offered the opportunity to leave, the group would leave rather than be arrested. but they would make sure that state law enforcement knew they would be back tomorrow, and the next day, and the next day, until the issue was resolved. they don't want to occupy the palace, itself, nor did they try to.  the newspapers have it wrong.  the hawaiian kingdom government has entered into dialogue with kippen chu, ED of the friends of iolani palace, about use of the kanaina building. he, apparently, has to confer with the board of the friends.

we got all this down on tape, so you can see it later. i thought the whole thing was rather well done.

CNN has a story that provides a lot of good historical background.

Here's Thursday's full Advertiser article and Star-Bulletin article.

Posted at 09:34 AM     Permalink      

Tue - April 29, 2008

Hawaii status raised at the UN Permanent Forum on Indigenous Issues


This news release from the UN Permanent Forum on Indigenous Issues has this interesting tidbit on Hawaii:
Mr. FYFE, Kaoni Foundation, who spoke on behalf of the Hawaii Caucus, said that Hawaii rightfully belonged on the list of Non-Self-Governing Territories. Indeed, a public law had been signed by United States President Clinton in 1993 -- the so-called “apology bill” –- that seemed to signify an acknowledgement that the indigenous peoples of Hawaii had never relinquished their sovereignty, and that the statehood plebiscite of 1959 had been fraudulent. He noted that, in 2008, the Supreme Court of Hawaii had barred the State from obtaining lands from the public land trust until the question had been resolved. Also, in 2008, the representative of the Russian Federation had asked the Committee on the Elimination of Racial Discrimination why Alaska and Hawaii had been excluded from the decolonization list. The representative of Romania had asked what steps were being taken to facilitate the self-determination of the Hawaiian people.

It is very interesting that other countries, Russian Federation and Romania, are inquiring into Hawaii's status.

However, I have to say that in my view Hawaii does not belong on the list of Non-Self-Governing Territories, and does not need to go through the decolonization process. It was bogus how it was removed from the list with the so-called plebiscite for statehood in 1959, but the larger point is that it should never have been on the list in the first place. It was the only territory originally placed on the list that was an independent country, not a colonial territory. And today, going through the UN decolonization process is not the appropriate venue for what is instead a de-occupation. Hawaii is much more akin to the Baltic states which are "restored states" than it is to colonized territories or indigenous populations that have never been "self-governing" (as defined by the UN—of course indigenous peoples were self-governing, but they were not recognized states like Hawaii).

In the extended entry I'll share more about a personal experience my wife had in this regard...

Posted at 07:22 PM     Permalink      

Fri - April 25, 2008

Ukumehame occupation; report from the Reinstated nation hearing


The Haleakala Times has an article on the "occupation" of the Ukumehame area on Maui, and also has this report by Jace Hobbs from the April 4 court hearing of Henry Noa, Nelson Armitage, Russell Kaho‘okele in the Kaho'olawe "trespassing" case relating to the Reinstated Hawaiian Nation.

Posted at 09:07 AM     Permalink      

Tue - April 22, 2008

1898 Memorial protesting annexation


Folks might be interested in an historical document newly posted at hawaiiankingdom.org, a Memorial protesting annexation filed by the Hawaiian Patriotic League (Hui Aloha `Aina) with the United States "Hawaiian Commission" for the creation of the territorial government. The commission was established on July 9, 1898 after President McKinley signed the joint resolution of annexation on July 7, 1898.

After some other recitation of facts it concludes thusly:
Whereas: The Senate and House of Representatives of the United States have passed a Joint Resolution for the annexation of the Hawaiian Islands, and such Joint Resolution has not been passed upon by the people of Hawaii, nor by their Representatives in Legislature assembled; and

Whereas: By memorial the people of Hawaii have protested against the consummation of an invasion of their political rights, and have fervently appealed to the President, the Congress and the People of the United States, to refrain from further participation in the wrongful annexation of Hawaii; and

Whereas: The Declaration of American Independence expresses that Governments derive their just powers from the consent of the governed:

Therefore, be it Resolved: That the representatives of a large and influential body of native Hawaiians, we solemnly pray that the constitutional government of the 16th day of January, A.D. 1893, be restored, under the protection of the United States of America.

Posted at 10:17 AM     Permalink      

Fri - April 18, 2008

More responses to Conklin's revisionism


Conklin also published his viewpoint in The Garden Island news earlier this week. Yesterday there was this response by Adam Roversi, and today there are three letters on the topic.

Posted at 01:49 PM     Permalink      

Keanu Sai's further response to Conklin


Rec'd by email from Keanu Sai...

Here are some added thoughts stemming from my initial comment of the Maui editorial by Ken Conklin. Whenever you have a legal matter such as Hawai`i's status as an independent State, facts are measured by the "rule of law" and not the "rule of the jungle." If it was the latter, then why have law, just brute force and power. When the U.S. was a newly formed State after the revolution, they were a feeble State. And as such their territorial sovereignty was menaced by France, Great Britain and other States, who tried to impose their own laws within U.S. territory. Faced in the 19th century with more powerful and expansive European States, American jurists and politicians began to rely on international law for their protection from these encroachments. Case in point, in 1793, Secretary of State Thomas Jefferson invoked principles of territorial sovereignty and the equality of states when resisting a claim by France of jurisdiction over vessels in U.S. waters. (American State papers, Foreign Relations, I, p. 147-48, 167, 169).  But after the Spanish-American war, the U.S. itself became an expansive power that began to abuse other States' territorial sovereignty like Hawai`i and Colombia regarding the Panama canal. So most of the development of international law throughout the 19th century was led by the United States because of "self-preservation," and it is ironic that what supports Hawai`i's status as a continued independent State today is linked to recognized 19th century international law that was promoted and recognized by the U.S. So the continuity of the Hawaiian Kingdom as a sovereign State is grounded in the very same principles that the United States and every other State have relied on for their own legal existence. In other words, to deny Hawai`i's sovereignty would be tantamount to denying the sovereignty of the United States and the entire system the world has come to know as international relations.

Continued in the extended entry...

Posted at 09:58 AM     Permalink      

Thu - April 17, 2008

Jon Osorio's response to Conklin


And here's Jonathan Kamakawiwo'ole Osorio's response to Ken Conklin's Maui News editorial:
April 16, 2008

I am responding to Mr. Ken Conklin’s assertions in the Maui News that De Jure recognition was given to the self-proclaimed republic in 1894. He cites as evidence letters written by heads of states including Great Britain, France and the United States formally recognizing the Republic that were sent to Sanford Dole.

Keanu Sai who has done a significant research in the area confirms that these letters do exist. What is not so clear is what the existence of these letters actually mean. Ken Conklin insists that foreign recognition of the Republic legalizes the actions of the United States and signifies the legal replacement of the Kingdom. But they actually signify nothing more than the willingness of these states to do business with the Republic—not a recognition of the Republic’s sovereignty. The sovereign Hawaiian nation was recognized by Britain, France and the United States in 1843. Thousands of people have seen that document. Regardless of what government these nations were willing to acknowledge in 1894, the nation’s essential sovereignty was already well-established. The question then becomes, did that sovereignty come to an end with the passage of the Newlands Resolution in 1898?

In terms of law the answer is clear. Only a treaty of annexation could actually extinguish Hawaiian sovereignty and transfer that sovereignty to the United States. As the United States was unable to ratify such a treaty, it settled for a joint resolution accepting the cession of the Republic. But could the Republic actually cede the governing authority of Hawai`i and the public and crown lands whose ownership was legally vested in the Kingdom? Perhaps the Republic could cede its willingness to govern and its control over the lands but it could not give away what it did not possess—sovereignty and title.

This is consistent with practically every published history. Even the haole historians: Allen; Dougherty; Russ and Coffman point out the Republic was not formed to be sovereign, it existed only to seek annexation. If the Republic was not sovereign, then what was? The lahui—the people who made their will known in the petitions sent to the Senate in 1897. There is a vast difference between the political reality of Hawaii’s occupation and a legal transferal of authority and sovereignty. This is what Keanu has been saying for the past fifteen years and nothing in Conklin’s latest foolishness challenges this.

Aloha ‘ina
Jon Osorio

Posted at 09:47 AM     Permalink      

Keanu Sai's response to Conklin


Ken Conklin had an editorial in the Maui News on Tuesday, arguing that because the so-called Republic of Hawaii received diplomatic letters from foreign nations, this legitimized their existence and their authority to ceded the land and sovereignty of the kingdom.

Here is Keanu Sai's response, rec'd via email:
I recently read a story in the Maui News at by Ken Conklin. Although he provides that same jiberish he does provide a very interesting link. His contention is that the overthrow of the Hawaiian government was legalized by the international recognition of the republic by the Queen and other States.

Firstly, other countries, as third parties, cannot legitimize an illegal situation between two States. And secondly, the investigation done by the U.S. President found that the provisional government was neither de facto (successful revolution) nor de jure (lawful by constitutional means), but self-proclaimed (criminal). This is what prompted the President to negotiate with the Queen, through U.S. Minister Albert Willis, to grant amnesty to those involved once restoration of the Hawaiian Kingdom government was complete. You don't ask for amnesty, which means "a general pardon for offenders by a government," if they weren't criminals and the Queen didn't represent the Hawaiian Government. So how did these roles reverse whereby the criminals miraculously became the lawful Government and the representative of the lawful Government somehow became the criminal?

Continued in the extended entry...

Posted at 09:36 AM     Permalink      

Tue - April 15, 2008

Today in Hawaiian History: Father Damien Dies


From Disappeared News, today in Hawaiian history, April 15, 1899, Father Damien dies.

Posted at 08:50 AM     Permalink      

Distinctive Women in Hawaiian History


Bishop Museum presents the 2nd Annual

Distinctive Women in Hawaiian History
He Ho‘olaule‘a No Nā Mo‘olelo o Nā Wāhine
A Celebration of Women’s History

Saturday, April 26, 2008
Mission Memorial Auditorium, Honolulu Civic Center, downtown Honolulu
Registration Form: Click Here

This innovative program examines the lives of women in Hawaiian history in 15 presentations. Cultural practitioners and community history presenters will share these little known history contributions using illustrated lectures, chants, traditional Hawaiian storytelling, dramatic performances, and include a film segment. The film segment includes the first public viewing of excerpts from the documentary 'Exit to Paradise'(2008) by Executive Producer Edgy Lee and Producer Don Brown, along with excerpts from Edgy Lee’s previous Hawaiian documentaries.

Schedule of Events

Posted at 08:39 AM     Permalink      

Sat - April 12, 2008

Keanu Sai interview on Paltalk/CRN


The archive of Keanu Sai's interview is posted on Gary Baumgarten's blog. The interview took place yesterday on Paltalk Online and was also simulcast on channel 5 of Cable Radio Network that has an audience of 12 million worldwide. Keanu discussed the status of Hawaii as an occupied state under the theory of state continuity, the Larsen case in the Permament Court of Arbitration, the complaint filed with the UN Security Council, the 1893 Blount Report, the statehood referendum and other topics.

Posted at 08:44 AM     Permalink      

'Iolani Palace tour offered in Hawaiian language


Star-Bulletin reports:
Visitors to Iolani Palace can now walk through the home of Hawaii's last monarch while listening to an audio tour in the Hawaiian language.
[...]
The palace has offered self-guided tours in English since 2006 and added Japanese last year. The latest addition is the first Hawaiian-language tour ever produced for a museum, palace officials said.
[...]
The audio tours are available Tuesday through Saturday from 11:45 a.m. to 3:30 p.m. Admission is $12 for adults. Children 5 to 12 years old pay $5.

More information is available by calling 522-0822 or online at www.iolanipalace.org.

Posted at 08:40 AM     Permalink      

Fri - April 11, 2008

Today in Hawaiian History: 1877- Prince Leleiohoku dies


Larry Geller at Disappeared News blog has started a new feature, Today in Hawaiian History, where he intends to highlight people and events that are often neglected by the media. This is something I have actually thought about doing and meant to do for a long time, but never quite got it together. Larry's taken the initiative to start it, so I want to at least help him out with some historical info.

Anyway, today's entry features the death in 1877 of Prince William Pitt Leleiohoku Kalahoolewa, and a brief profile about him.

Posted at 10:31 AM     Permalink      

The Nation- Famous Are the Flowers: Hawaiian Resistance Then--and Now


Elinor Langer's article appearing in the April 28 issue The Nation is now online: Famous Are the Flowers: Hawaiian Resistance Then--and Now. Very worth reading.

There are also a couple interesting links on the side, including the editorial from this issue, and—very interestingly—two historical editorials: an editorial The Nation penned in 1893 on the overthrow, and another brief editorial on the annexation in 1898. Plus a list of sources for further research, and an open letter from sovereignty leaders to the American left calling for opposition to the Akaka bill and the continued militarization of Hawaii.

Posted at 08:27 AM     Permalink      

Mon - April 7, 2008

Gathering 4/13 to Organize & Plan Commemoration Events


Rec'd via email from Lynette...

CELEBRATION OF A NATION

COMMEMORATING THE HAWAIIAN NATION
A Legacy from the Past—A Challenge for the Future

TARGETING APRIL 2010

COME HELP US ORGANIZE AND PLAN AND ASSIST OTHERS WHO ARE ALREADY COMMEMORATING EVENTS

Sunday, April 13, 1 pm
Nu`uanu Valley Park
Next to Queen Emma's Summer Palace

Events to be discussed:

• Battle of Nu`uanu, April 26, 2008 (Saturday)
• La Ho`iho`i Ea, July 31, 2008 (Thursday)
• So-Called Annexation Day, Aug. 12, 2008 (Tuesday)
• Public Law 103-150, Nov. 23, 2008 (Sunday)
• Memorial Day, Dec. 30, 2008 (Tuesday)
• Sovereign Sunday, Jan. 17, 2009 (Saturday)
• Celebration of the Continuity of a Nation, August 21, 2008 (Thursday)
• [So-called Statehood]
• Continuity of the Nation, August 21, 2009 (Friday)
• Others?

For more info, call Mel Kalahiki @ 284-8722 or Lynette Cruz @ 284-3460 for THE LIVING NATION

Posted at 07:15 PM     Permalink      

Sun - April 6, 2008

Keanu Sai to be interviewed Friday on News Talk Online


Keanu Sai will be interviewed on News Talk Online with Gary Baumgarten regarding the United States as an occupying force in Hawai'i.

Friday, April 11
5:00-6:00 p.m. Eastern / 11:00 a.m.-noon Hawaii time

They use a live web cast audio/video format so the audience can ask questions to the guest and host via voice chat or text.

http://www.paltalk.com/newstalk/

They also broadcast on the CRN Radio Network.

Update: Here's the Baumgarten's pre-interview write up.

Posted at 12:26 PM     Permalink      

Sat - April 5, 2008

Hawaiian Restoration- Day of Prayer April 20th


Rec'd via email from Rev. Kaleo Patterson...

Announcement of third annual "Hawaiian Restoration- Day of Prayer"
Mauna Ala – Royal Mausoleum
April 20th, 2008
3:00 PM

Announcement PDF: ANNOUNCEMENT.pdf


And a message from by Rev. Linda Harle-Mould, United Church of Christ in Buffalo about related events there in NY: 08C10 Church of the Apolog..pdf

Posted at 04:14 PM     Permalink      

Wed - March 26, 2008

The Nation: Hawaiian Resistance Then--and Now


Advanced heads up... The Nation magazine will have a special issue called "'Famous are the Flowers': Hawaiian Resistance Then--and Now" with a cover date of April 28.

Posted at 03:16 PM     Permalink      

Tue - March 25, 2008

Ka'iulani movie criticized as historically inaccurate, culturally insensitive


Star-Bulletin story:
A movie about the life of Princess Kaiulani is being criticized as historically inaccurate and culturally insensitive by Democratic and Republican members of the state Senate.

In a letter circulated yesterday by Sen. Clayton Hee and signed by 16 senators, "The Last Princess" was questioned for taking state tax credits.

"Many members of the community wish to be assured that Princess Kaiulani and Iolani Palace will not be tarnished and exploited," said the senators' letter, addressed to Donne Dawson, state film commissioner.

From Kealii M, here are the movie scripts, original and revised:
BPBLUE 2-27-08 Marc Forby S.pdf

KaiulaniRevised3-08-08.pdf


And a letter from Henry Noa regarding the revised script:



Update: Some photos of the filming at 'Iolani Palace from Lynette C.

Posted at 09:56 AM     Permalink      

Thu - March 20, 2008

Objections raised to Ka'iulani bio movie


A press conference is being held tomorrow by Palani Vaughan, Henry Noa and others, "to publicly and strongly object to the motion-picture film currently being “shot” in Hawai‘i by a Los Angeles-based motion-picture production company, Princess Productions—a motion-picture that we feel fancifully and untruthfully attempts to depict the life and times of our beloved native-Hawaiian Princess Victoria Ka‘iulani—a film which Princess Productions has entitled, “The Barbarian Princess”—a title we find offensive and derogatory, despite a principal Princess Productions executive’s attempts to justify its use."

Here's the press release:
Tues, 3-18-08, REVISED PRES.doc

Posted at 12:12 PM     Permalink      

Wed - March 19, 2008

New Novel - "The Hawaiian Revolution: Tomorrow is Too Late"


PRNewsWire has this press release about a newly published novel by William Andrew Fritz entitled The Hawaiian Revolution: Tomorrow is Too Late.

Posted at 09:18 AM     Permalink      

Thu - March 13, 2008

Obama not born in U.S.


Well, the issue of Obama's "natural born citizen" status due to his birth in the occupied Hawaiian kingdom has made the AP wire, with this article in the Advertiser. It also made it into the International Herald Tribune!
Some Native Hawaiians think Hawai'i-born Barack Obama can't be president of the United States because he was born in an independent sovereign nation: the Kingdom of Hawai'i.

A few independence advocates claim that Hawai'i legally remains a country today, making Obama and hundreds of thousands of others born in the Islands over the past 50 years not "natural-born" citizens or eligible to be president.
[...]
"Obama was born in the Hawaiian kingdom," said Leon Siu, a Native Hawaiian and musician who brought up the issue in a column he wrote on a news Web site. "Not only was the overthrow of the Hawaiian kingdom illegal, it was admitted to be illegal by the United States."

Siu was referring to the "apology resolution" passed by Congress in 1993 acknowledging wrongdoing in the overthrow of the Hawaiian monarchy 100 years before and recognizing the inherent sovereignty of the indigenous Islanders over their land.

I agree that technically Obama, like McCain, was not born in the United States. However, based on my research I think the most common interpretation of the "natural born citizen" clause for presidential eligibility is that if someone is born as a citizen, whether by place (jus soli) or parentage (jus sanguinis), as opposed to being naturalized, they are considered natural-born. So Obama would be a citizen because his mother was, regardless of where he was born or whether Hawaii was legally part of the U.S. Several previous posts here address various aspects of this issue.

Regardless, I agree with Leon's last line in the article, "I don't think it's going to affect the election at all, though." Still, I give him credit for using it as an opportunity to raise the issue of Hawaii's status.

BTW, the Apology is only piece in a large body of evidence, and it isn't really about the "inherent sovereignty of the indigenous Islanders." For a comprehensive analysis of the arguments for why the United States never legally acquired Hawaii, see American Occupation of the Hawaiian State: A Century Unchecked by David Keanu Sai in the Hawaiian Journal of Law and Politics, Volume 1 (Summer 2004).

Posted at 10:34 AM     Permalink      

Thu - March 6, 2008

The Queen's Women Re-enactment at Bishop Museum


Rec'd via email...

Aloha kakou! For those of you who haven't seen this re-enactment, but would like to, it will be performed twice on Sunday, March 9 at the Native Hawaiian Health Festival at Bishop Museum. Please join us! No fee!

Ka Lei Maile Alii -- The Queen's Women
Bishop Museum, Paki 2
Sunday, March 9
11:30 am and 2:30 pm

A Re-enactment of an article that was written in the San Francisco Call newspaper by reporter Miriam Michelson on the deck of the Australia, 22 September 1897, entitled "Many Thousands of Native Hawaiians Sign a Protest to the United States Government Against Annexation."

For more info, call 284-3460 or email palolo @ hawaii.rr.com

Download flyer:
Bishop_Museum_3.9.08_flyer.pdf

Posted at 09:28 AM     Permalink      

Wed - March 5, 2008

More on "Natural born citizen" - McCain and Obama


In the Hawaii Reporter Leon Siu has taken up the question of what exactly a "natural born citizen" means in the constitutional requirement for the U.S. presidency in relation to McCain and Obama. He notes the legislation drafted by Sen. McCaskill and co-sponsored Obama that I mentioned last week, and says this:
Why would Obama, a Democrat, be so keenly interested in making sure that his likely opponent is not disqualified by the “natural-born Citizen” requirement stipulated in the U.S. Constitution? What’s in it for him?

Here’s the answer: Obama was also born in a foreign country — Hawaii.

Numerous actions and admissions by the U.S. government since 1893 indicate that Hawaii is not a lawful territory or state of the U.S. and that Hawaii is actually a foreign country under hostile occupation by the U.S. Therefore, the claim that Hawaii is a state of the U.S. is fraudulent.

In recent years, the fraud began to unravel and in recent months, the pace has accelerated considerably. Court decisions and public policy making in Hawaii are running into the brick wall of the inconvenient truth: the Hawaiian Kingdom still exists!

Though severely impaired by the illegal occupation by the U.S., the sovereignty of the independent, neutral nation, the Hawaiian Kingdom, was never extinguished. Therefore, the Hawaiian Kingdom has existed in continuity since its founding in 1810 as a self-governing, independent nation.

That means Obama was born not in the U.S., but on the foreign soil of the Hawaiian Kingdom. Obama shares McCain’s predicament of constitutional ambiguity with regard to the citizenship qualification for the presidency. Obama, like McCain is foreign born.

Obama’s co-sponsoring of the bill to accommodate McCain’s citizenship qualifications for U.S. president is not an outpouring of magnanimity toward McCain. It is a calculated, self-serving, pre-emptive measure to ensure that his own (Obama’s) foreign-born status would be likewise accommodated, should the question arise of his Hawaiian birth.

Obama’s sponsorship of the bill reveals that there are those in his camp, and perhaps Obama himself, who know that the Hawaiian Kingdom still exists as a nation foreign to the U.S.

Most likely the bill will pass to allow McCain’s citizenship quirk to qualify him for president; it would likewise ensure Obama’s candidacy.

Nevertheless, Obama’s curious co-sponsorship (possibly instigation) of the “natural-born Citizen” bill indicates that he takes the implications of Hawaii’s stature as an independent nation seriously enough to cover his bases.

However, as I noted earlier, McCaskill's draft bill would define "natural born citizen" to include "any person born to any citizen of the United States while serving in the active or reserve components of the United States Armed Forces." That would not apply to Obama, so whether his Hawaii birth has anything to with his co-sponsorship of this bill I don't know.

Meanwhile, the Yale Law Journal blog has a post about the issue, with a link to the 1988 Journal article (PDF) on the subject that was mentioned in the NY Times last week (h/t Steve L.).

Posted at 05:58 PM     Permalink      

Wed - February 27, 2008

"Natural born citizen" status "not a frivolous issue" - Olson researches for McCain


A couple weeks ago I pondered whether Barack Obama might not be a "natural born citizen" as constitutionally required to be eligible for the presidency because he was born in Hawaii, if one presumes Hawaii's continued independent, occupied status, not legally part of the United States.

After looking into it a bit more, I posted in an update that John McCain was actually born in the Panama Canal Zone, and had his own issue with this question, but that while it hasn't ever been ruled on the Supreme Court, the most likely interpretation of that clause of the constitution is that "natural born" means one is born a citizen, whether by jus soli (place of birth) or jus sanguinisI (parentage), as opposed to being naturalized, in which case whether Hawaii is part of the U.S. is a moot point when it comes to Obama.

Well today the NY Times has an interesting story looking into this exact question in regards to McCain. The general consensus seems to be that McCain is eligible for the reason above, but it is far from a settled matter, and McCain's campaign considers the issue serious enough that "the campaign recently asked Theodore B. Olson, a former solicitor general now advising Mr. McCain, to prepare a detailed legal analysis," research on which Olson has yet to finish. (Coincidentally, Olson was the one who argued for the plaintiffs before the Supreme Court in Rice v. Cayetano.)

Hawaii's status with regard to Obama is of course a whole different aspect of the issue, but according to at least one person who wrote an article on the topic in the Yale Law Journal, the basic question of exactly what "natural born citizen" means “is certainly not a frivolous issue.”

Update 2/29: WaPo "The Trail" campaign blog reports that Obama is co-sponsoring legislation drafted by Sen. Claire McCaskill (D-Mo.) that would ensure McCain is qualified by defining "natural born citizen" to include "any person born to any citizen of the United States while serving in the active or reserve components of the United States Armed Forces."

Some say it is obvious that McCain is qualified, but the senators seemed to take the question seriously enough that they feel the need to introduce legislation just to make sure, and once you get into this it is apparent that there are in fact many different interpretations.

Defining it as military, rather than just being born as a citizen, seems unnecessarily restrictive to me. By that definition, if one considers Hawaii independent, Obama would not qualify.

There are extensive comments after the post, in case anyone wants to chime in with some background about Hawaii...

Posted at 05:23 PM     Permalink      

Thu - February 21, 2008

Sai: Understanding the Hawaiian Kingdom - Applications for Today


Rec'd via email...

REMINDER!
Join us for a presentation by Keanu Sai
"Understanding the Hawaiian Kingdom - Applications for Today"
February 22, 2008
Friday evening, 6 pm
Palolo Media Center (next to Jarrett Middle School Cafeteria)

This is a potluck. Okay to invite friends.
Call if you have questions
Lynette
284-3460

Posted at 09:31 AM     Permalink      

Wed - February 20, 2008

Which Way, Hawaii?


Keahi Felix sent me "a research article on the differences between Hawaii as an independent nation state and a nation within a nation (the U.S.). The article traces briefly the unifying governing systems in Hawaii from the `aha councils and where that evolved."

Here's a PDF of the paper:
Which Way, Hawaii.pdf


Update: Folks, Keahi would appreciate any feedback you have on this. You can email hemakana.ikapo (at) gmail.com.

And I really encourage you to read it. It is a very good, concise expression of the independence vs. integration traits, with a great table that contrasts the two, and touching on the larger goals and strategies:
The bid of Native Hawaiians for resolution in (c) [integration], while providing a safety net as a special, identifiable group having a measure of autonomy under United States prescription in the Department of the Interior, will nevertheless, result in gains falling far short of those actually owed them by history. The goals sought under (a) [independence] through face to face conference with the U. S. State Department, while calling for enormous reserves of mind and will and the support of the international community to bear pressure on the occupier, will ultimately lead to freedom to turn for guidance to a heritage already established, and bring up a vision of possibilities for today with its accompanying rights and responsibilities. The lesson to be learned may well be that respect for Hawaii's authentic credentials is the way to move the giant.

And also the need to balance the three aspects of Hawaii's historical sovereignty...
"Which way, Hawaii? We are who we were. We are the Hawaiian Nation." I propose that Hawaii's national integrity is inclusive of (1) ancient ancestral protocol, (2) the form of government that later emerged as a constitutional monarchy, and (3) international nation- state position. (With reference to a constitutional monarchy, models of government may legitimately be exchanged for another.) As a physical country of land and water resources and a nation of people, Hawaii stands on its own. At the same time, it has a tri- fold heritage of sovereignty and jurisdiction already established to draw from as it directs itself forward in the present day.

Unless the three influences that make up its identity are acknowledged and in balance, who has the right to say "This is Hawaii"? The trick is for Hawaiians to find their way home. Just as `aha councils on each island in olden times were aligned to each other to form one Hawaii in the manner of strands of fiber braided together to make a strong rope, so braiding the three strands of historical sovereignty together into one unity may be the most important task ahead.

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Posted at 02:45 PM     Permalink      

Mon - February 18, 2008

Aunty Peggy Ha'o Ross


I heard that Aunty Peggy Ha'o Ross passed away this weekend. I know many people in the kingdom movement were inspired and educated by her, and I considered myself very fortunate on those occasions when I got to hear her speak during the Nation of Hawaii kupuna meetings back in 94-95. She really knew her history and was such a great firecracker of energy and wit, and a powerful orator. I hadn't seen her in a while, but I will still miss her. Rest in peace, Aunty.

Update: From John Lander...

Aunty Peggy Ross's daughter, Lili'uokalani, has asked us to forward the information concerning the memorial service for Peggy.

Sunday, Feb. 24
10 am service
11 am viewing
Borthwick Mortuary, 570 Kino'ole St., Hilo, Hawai'i

Posted at 08:29 AM     Permalink      

Sun - February 17, 2008

Koani Foundation MySpace group



Posted at 08:54 PM     Permalink      

Fri - February 15, 2008

Obama born in Hawaii = not a natural born U.S. citizen?


Interesting to see how the Hawaiian national issue will pop up in the press with the Dem caucus next Tuesday, where Hawaii's delegates will actually really matter for once, like this AP article.
State Senate President Colleen Hanabusa, a Clinton supporter, predicted that Chelsea Clinton's visit "is going to remind people of what the Clintons have done for Hawaii and what Hawaii means to them."

As an example, Hanabusa pointed to the apology resolution signed by former President Clinton, which she said paved the way for the Native Hawaiian sovereignty bill sponsored by U.S. Sen. Daniel Akaka, D-Hawaii.

The legislation would give Native Hawaiians the right to form a governing entity similar to those of Native Americans that could negotiate with state and federal governments over control of natural resources, lands and assets.

Both Obama and Clinton support the legislation. Clinton also said she would like to continue military spending in the state and would support Honolulu's mass transit funding application.

First, quick reminder, the Akaka bill, whatever it may be, is definitely NOT "sovereignty."

Second, "continue military spending"? So the fact that she has to state that she's for this means that there is a possibility of not continuing military spending, at least at the same levels? Some would welcome that. Like the Hawaiian homeless who can thank the military presence in good part for home prices being out of reach.

Now, I just have to point this out...

Ponder this, from the U.S. Constitution:
No person except a natural born citizen [...] shall be eligible to the office of President

Barack Obama was born in Hawaii.

If you consider the history and believe that Hawaii is not legally a part of the United States, as many do, then one might ask, is Obama a natural born citizen of the United States?

One could even make the argument that being born in Hawaii, he's a Hawaiian national! I believe the most compelling legal analysis based on Hawaiian kingdom and international law and precedent, is that the Hawaiian national population today is comprised of descendants of Hawaiian subjects and those foreigners who were born in the Hawaiian Islands prior to 1898. But it is a gray area that obviously hasn't been tested. In looking at the Baltic states as what I believe is the most apt comparison, Latvia and Estonia adopted this approach, with only descendants of citizens and persons born in the country prior to the occupation being citizens, while Lithuania adopted a more inclusive approach, providing those born in the country subsequent to the occupation with the option of citizenship as well. Could Obama have the option of becoming a Hawaiian national at some point in the future as the transition unfolds?

Yes, it's all a flight of fancy at the moment. As an American, I participate in the political system that's been imposed here, and as a Democrat, I will be caucusing for Obama, and I hope he's the next president. I think it will benefit Hawaii in ways unrelated to the islands' political situation or his connection here.

Besides, it seems like anyone who would actually want to make an issue of him not being a natural born citizen would probably not be keen on the presumption of Hawaii's independence!

But I can't help but wonder...

Update: Steve L. mentioned that Obama is also a U.S. citizen because his mother was a citizen (jus sanguinis), which is true, but for the presidency, the constitution specifies not just nationality, but a "natural born citizen" so my understanding is that jus sanguinis does not apply to that specific requirement, only jus soli. One has to be born in the United States to be president, and technically, Obama wasn't.

Update 2/17: Check out the Wikipedia page on "Natural-born citizen" for some interesting tidbits.

First, it seems there are two sides to the argument about how this phrase should be interpreted in regards to eligibility for the presidency, and the Supreme Court has never addressed it:
One side of the argument interprets the Constitution as meaning that a person either is born in the United States or is a naturalized citizen. Thus, to be a "natural born citizen," a person must be born in the United States; otherwise, they are citizens by law and are naturalized.[4] Current State Department policy reads: "Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not subject to the jurisdiction of the United States and does not acquire U.S. citizenship by reason of birth."[5] To others, the statute that grants citizenship to American children born overseas exempts them from the term "naturalized" and thus, as with the 1790 law, they are to be considered "natural born citizens" eligible for the Presidency.[6] Examples of persons who become citizens at birth (whether "naturalized" or "natural born") would include: birth to Americans overseas, or birth on U.S. soil, territories, or military bases overseas.[7]

But it turns out John McCain has his own issue with this requirement:
John McCain, who ran in 2000 and is running in 2008, was born at the US military base Coco Solo in the Panama Canal Zone to U.S. parents. The Panama Canal Zone was under United States sovereignty between 1903 and 1979 but was unincorporated.[9]
None of the candidates was elected, so it has never been fully addressed whether children born to Americans overseas are "natural-born citizens" and thus eligible for the Presidency. [8]

Whether Obama was born in the U.S. depends on Hawaii's political status, while McCain was born outside of the U.S. by anyone's interpretation. If McCain is qualified to be president, I guess Obama is, too.

This Washington Post column on "Citizen McCain's Panama Problem?" examines the issue and some other historical candidacies that have raised this question.
But is he constitutionally qualified to become president? McCain was indeed born in the Canal Zone, and Article II of the Constitution plainly states that "no person except a natural born Citizen... shall be eligible to the Office of President."

Some might define the term "natural-born citizen" as one who was born on United States soil. But the First Congress, on March 26, 1790, approved an act that declared, "The children of citizens of the United States that may be born beyond sea, or outside the limits of the United States, shall be considered as natural-born citizens of the United States." That would seem to include McCain, whose parents were both citizens and whose father was a Navy officer stationed at the U.S. naval base in Panama at the time of John's birth in 1936.

And Barack Obama, whose mother was a U.S. citizen, even if Hawaii was not a U.S. state.

Very late update... 6/1/08: It has been pointed out to me that prior to 1986, someone born abroad was a U.S. citizen only if both parents were U.S. citizens at the time of the child's birth. Since Obama's father was not a U.S. citizen (he was Kenyan), he actually cannot claim citizenship by jus sanguinis, only by jus soli with Hawaii considered a state. Again, I still don't think this will have any actual effect on his eligibility, since the U.S. considers Hawaii a state, but in fact if you follow the legal argument that Hawaii is an occupied country and the U.S. has never legally acquired Hawaii, the logical consequence is that Obama is not a natural-born citizen by either place or parentage, and is not actually eligible for the presidency.

Posted at 09:46 PM     Permalink      

Tue - February 12, 2008

Kalakaua coronation commemoration; jewels on view


King David Kalakaua's coronation was 125 years ago today. Advertiser has a story on a one-day exhibit at 'Iolani Palace today that will include the ring he wore for his coronation and two other jewels from his reign never before viewed in public. Ceremonies begin at noon commemorating Kalakaua's coronation at the palace's coronation pavilion, followed by a free open house beginning at 2 p.m. at which the three pieces will be available for public viewing. There's photos and a video.

Posted at 08:53 AM     Permalink      


















































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