COMMENTARY ON THE HAWAII CEDED LANDS CASE AT THE U.S. SUPREME COURT

by By Leon Siu October 1, 2008




The US Supreme Court announced today that they have accepted the writ of certiorari filed by the State of Hawaii seeking to reverse the Hawaii State Supreme Court's decision of January 31, 2008, that curtails the State's ability to sell or otherwise dispense, what is commonly referred to as "the Ceded Lands." The acceptance of the "cert" means that the US Supreme Court will review the submitted arguments and render its decision.

The State of Hawaii is counting on a favorable ruling from the U.S. Supreme Court. At stake is the very survival of the 50th State of the union. The land in question is the 1.8 million acres (nearly half the total land area of the Hawaiian Archipelago) that was hijacked from the government and the crown heads of the Hawaiian Kingdom in 1894 by the illegal, self-declared, rebel government, the Republic of Hawaii. A few years later, in 1898, the Republic of Hawaii "annexed" itself to the United States, and in the process, passed off ("ceded") the stolen lands to the U.S. The puppet government, the State of Hawaii, is now holding the bag of stolen property deceptively called the "Ceded Lands."

The salient point is, the Republic of Hawaii did not have lawful title (or rights) to these lands when they were handed over ("ceded") to the U.S. Thus, no lands lawfully transferred. Although this act of "cession" was clearly unlawful, any objections were summarily ignored, overruled or dispatched by the bully power of the U.S. In 1959, the U.S. magnanimously passed on the stolen property (the "Ceded Lands") as the land base for the newly created puppet government called the State of Hawaii.

The Apology Law

The January 31, 2008 Hawaii State Supreme Court's decision surprised everyone. It was the first time that a state court acknowledged that United
States Public Law 103-150 (commonly called "The Apology Law," passed by the U.S. Congress and signed by President Clinton in 1993) carries the force of law. Until this decision in January, all previous efforts by Hawaiian Kingdom nationals to invoke USPL 103-150 in state and federal courts in Hawaii had been summarily rejected by those courts.



In essence, the State Supreme Court's decision says that the State's ownership of the "ceded lands" is questionable because the Apology Law clearly indicates that these lands were improperly acquired. The court thus concluded that until the State of Hawaii settles this ownership question with the "native Hawaiians" the State cannot sell or otherwise transfer any
portion of those "ceded lands." In its ruling, the court parrots the prevailing assumption that "native Hawaiians" are the default claimants to the lands.

The Rightful Claimants

While it is true the State of Hawaii does not own the "ceded lands" neither do the so-called "native Hawaiians."

By citing "native Hawaiians" as the default claimants to the "ceded lands" the State Supreme Court perpetuates a critical error, ignoring the historical and lawful fact that the lands in question belong to the Hawaiian Kingdom, not the "native Hawaiians."

This mis-direction is employed to avoid addressing the actual crime: the theft of the national autonomy and the national lands of the Hawaiian Kingdom. It also avoids the rightful remedy: the return of the national autonomy and national lands to the Hawaiian Kingdom.

The rightful owners of the land are the parties from whom they were stolen: the crown (ruling monarch) and the government of the Hawaiian Kingdom. The monarch and the national government hold these lands in trust to benefit the people of Hawaii.

These states rightfully fear that if the Apology Law is not overturned, much of their lands would be placed in serious jeopardy, especially those gained from the Native American through broken treaties, deception and theft. Either way it goes, the outcome of this case will generate tremendous repercussions throughout the United States.

Perhaps this would be a good opportunity for the U.S. State Department to begin negotiating with officials of the Hawaiian Kingdom for a peaceful transitional process to restore Hawaii as an independent nation.

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Leon Siu is the Minister of Foreign Affairs for Ke Aupuni O Hawaii, the Hawaiian Kingdom, and has served in that capacity since 2000. Prior to that, he served as the Deputy Minister of Foreign Affairs for four years.

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COMMENTARY ON THE HAWAII CEDED LANDS CASE AT THE U.S. SUPREME COURT

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Oct 06, 2008
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Well Written
by: David

For more info on the apology bill or this case in question follow these links.

OHA v State of Hawaii

Apology Bill

Oct 07, 2008
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Buyer beware
by: Tane

Like that fable of the grasshopper and the ant; they had been forewarned yet they scoffed at the truth and continued playing their American fiddle. Granted, many Hawaii nationals suffer from the Stockholme Syndrome and have been brain-washed as well as conditioned to believe in the deception. Many are afraid to act, thinking they will lose the comfort or security in the process. They will side with their captors until there is a definite change and a guarantee they won't lose their sustenance that they worked so hard for. It's the uncertainty that unnerves many who lack the confidence that was stripped away from them through servitude. They are afraid of the kuleana thrust back to them with the challenge of survival. In essence, they have lost hope of recovery, independence, and freedom which their ancestors possessed and faith in themselves. This is what a long-term belligerent occupation will do to many people.

There is hope for them because of those who are intelligent, educated, confident, and aware of the truth whom want to do something positive to regain their rights, freedom, and autonomy in conducting their affairs as proud Hawaii nationals bent on liberty and justice for all within their Polynesian Hawaiian mainstream society. These are the ones willing to work at it and not shirk their kuleana and willing to make the sacrifices to protect it. These are a growing number of Hawaii nationals striving to promote good governance, economy, peace, justice, protection and the pursuit of freedoms and happiness for all.

Knowing this, the U.S.A. must de-occupy our sovereign nation-state. The laws of occupation is the law of the land which protects our rights as Hawaii nationals which the U.S.A. has been continuously violating. Our neutrality status has been trampled on and disregarded. Our international status has been usurped and our trust has been betrayed. The criminal conduct of the U.S.A. has produced the policy of buyer beware.

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