Native Hawaiians arrested for trespassing on land where the Hale Mua housing is planned (The Maui News, Nov. 14)? Who's trespassing?

The U.S. contends that it has lawful authority over the Hawaiian Islands by legislative action. According to the U.S. Constitution, admitting foreign territory can only occur by means of a treaty negotiated by the U.S. president and ratified via a two-thirds vote of the Senate.

However, as an indisputable fact, the U.S. Senate voted to reject the treaty to annex the Hawaiian Islands in 1897. As a result, there is no treaty of annexation. Therefore, how did the U.S. gain lawful jurisdiction over the Hawaiian Islands?

Subsequent to the U.S. Senate's refutation of the failed effort to annex Hawaii in 1897, a simple joint resolution purporting to "Provide for Annexing the Hawaiian Islands to the United States" was finally passed by Congress in 1898. There is no question that this illegitimate act was a deliberate attempt to do unlawfully that which can not be lawfully done.

If Congress has the power to pass a joint resolution to acquire foreign territory without a treaty of annexation, then why not pass a joint resolution to provide for annexing Iraq to the United States. As with Hawaii, there would be no need to confirm with the Iraqi people. Thereupon, instead of massive bloodshed, the U.S. could "legally" acquire the territory of Iraq with its rich oil fields.

Kalei Ka'eo
Instructor, Hawaiian Studies
Maui Community College