Jump-start the constitutional process

An interesting tidbit in today's Washington Post about the potential UN role in Iraq and the process for returning sovereignty to Iraqi the people. U.N. Secretary General Annan "suggested to representatives of the 10 non-permanent members of the council Wednesday that some Iraqi leaders had suggested that the revival of a 1958 Iraqi constitution could jump-start the constitutional process."

That sounds remarkably similar to what many independence advocates in Hawaii have been saying for years, that initially returning to the existing Hawaiian Kingdom Constitution is the most appropriate and lawful, or at least most practical, means to jump-start Hawaii's constitutional process and the return of sovereignty to the Hawaiian nationals. Like Iraq, the sovereignty has not actually been transferred away from the occupied country. But at least in Iraq they acknowledge that the occupation is supposed to be a temporary administration, not an usurpation of sovereignty.

One argument among different Kingdom advocates, however, is which constitution to use, the 1864 or 1887. I tend to agree with those who argue that the 1887 constitution — known as the "Bayonet Constitution" — was not only forced upon King Kalakāua under threat of bodily harm, but was never properly ratified by the Legislature as constitutionally required, and that the 1864 Constitution is the legitimate one. After all, it was Queen Liliu‘okalani's attempt to undo some egregious provisions of that constitution that triggered the fake revolution against her, backed by illegal intervention of the US military. Regardless, many independents advocates agree that a previous constitution is a sensible starting place for creating a modern independent Hawaii. Now that approach is being discussed in Iraq, a confirmation. Moreover, in Hawaii one can make a compelling case that the Kingdom constitution, whichever one it maybe, has continued to exist as the legitimate legal order of the islands, however ineffective it may have been under prolonged military occupation.

Some independence advocates support the creation of a new constitution from scratch, and several efforts have been made in this direction. While both processes may be legitimate, I tend to agree with those who argue that greater of legitimacy may be achieved through a process that maintains this continuity with Hawaii's existing legal order, and that this process may have practical benefit, as Annan is discussing in Iraq.

Posted: Sun - September 21, 2003 at 01:54 AM

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Jump-start the constitutional process

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