(c) Copyright 2013
Kenneth R. Conklin, Ph.D.
All rights reserved
In his short story "The Man Upstairs" P.G. Wodehouse wrote: "It is a good rule in life never to apologize. The right sort of people do not want apologies, and the wrong sort take a mean advantage of them." We've seen the truth of that here in Hawai'i with the 1993 Congressional apology to Native Hawaiians.
The U.S. "apology resolution" (USAR) refers to P.L.103-150, a joint resolution passed in Congress and signed by President Clinton in 1993 -- a resolution of sentiment commemorating the centennial of the Hawaiian revolution of 1893 and apologizing to Native Hawaiians for the U.S. role in the overthrow of the monarchy. Full text of USAR, and a comparison of it with the full text of the Newlands Resolution of 1898 whereby the U.S. accepted the Treaty of Annexation offered by the Republic of Hawaii, can be found at
https://www.angelfire.com/bigfiles90/2ResosCompared.html
In the Hawaii legislature regular session of 2013, the Office of Hawaiian Affairs submitted a concurrent resolution (companion House and Senate resolutions HCR6 and SCR2) to commemorate the 20th anniversary of the apology resolution. Text of the proposed Hawaii legislature concurrent resolution (HLCR) is at
http://www.capitol.hawaii.gov/session2013/bills/HCR6_.pdf
On February 10, 2013 Ken Conklin submitted testimony to the State of Hawaii House Committee on Ocean, Marine Resources, and Hawaiian Affairs for its hearing on HCR 6 scheduled for Wednesday February 13. The testimony is in the form of a new resolution (below) which could be substituted for the original one, along with extensive footnotes. The hearing notice is at
http://www.capitol.hawaii.gov/session2013/hearingnotices/HEARING_OMH-WAL_02-13-13_2_.HTM
The best thing about HCR 6 is that it uses the word "commemoration" rather than "celebration." A commemoration is a remembrance of an event which might be celebrated or deplored, depending on what happened. For example, every year we commemorate the bombing of Pearl Harbor on December 7, 1941, which President Roosevelt called "A day that shall live in infamy." When it comes to the USAR, Nov. 23, 1993 is the day that shall live in infamy because that was the date when President Clinton signed it.
There are four main reasons why USAR is bad. After briefly describing them, a new resolution will be proposed whose "whereas" clauses include footnotes providing internet links to proof of particular statements, and whose conclusion is a call to repeal USAR.
1. USAR is filled with twisted half-truths and outright falsehoods. It never went through a committee hearing in either House or Senate where opponents could have refuted it. USAR was passed by the House in a few minutes on a voice vote allowing no debate or amendment. USAR was passed by the Senate after only one hour of floor debate where opponents focused on the bad consequences of passing the resolution but chose not to show disrespect to Senators Inouye and Akaka by questioning their historical falsehoods.
2. During the floor debate in 1993, Senator Inouye assured his colleagues that USAR would never be used to justify a demand for secession; yet numerous Hawaiian sovereignty groups have been using it that way for 20 years. They characterize USAR as a statement against interest -- a confession of a crime under international law which the United Nations or the World Court should cite as evidence to demand U.S. withdrawal from Hawaii.
3. During the floor debate in 1993, Senator Inouye assured his colleagues that USAR would never be used to justify demands for restitution in the form of special race-based government handouts. Yet USAR has been cited in the "findings" preambles of every major bill introduced by Senators Inouye and Akaka to provide federal recognition to Native Hawaiians as an Indian tribe, and to provide special race-based programs in housing, healthcare, education, etc.
4. USAR has clogged Hawaii's courts and administrative offices with bogus claims that the U.S. and its puppet subsidiary regime State of Hawaii lack jurisdiction over Native Hawaiians. Such claims range in seriousness beginning with motions to dismiss traffic tickets given to ethnic Hawaiians who lack state vehicle registrations or driver licenses. There have been claims that ethnic Hawaiians must be allowed to occupy Iolani Palace or to squat on public or private land or to stop repaying mortgage loans or to kick out non-natives from their homes and take them over. Perhaps the most flagrant bad consequence of USAR was the way it tied up local and federal courts for several years in a ceded lands lawsuit where the USAR was the primary focus of attention. Following a lengthy series of Hawaii lower court decisions and appeals, the Hawaii Supreme Court ruled 5-0 in favor of a claim that the State of Hawaii cannot sell any parcel of ceded lands without permission from Native Hawaiians. But on appeal the U.S. Supreme Court ruled 9-0 to overturn that decision on the grounds that USAR has no power to deprive the State of its ownership of the ceded lands in fee simple absolute which were conveyed to Hawaii at Statehood in 1959.
==========
TESTIMONY IN OPPOSITION AND PROPOSED AMENDMENT IN THE NATURE OF A SUBSTITUTE
To convey my reasons for opposing this resolution, I am providing below a
proposed amendment to HCR6 in the nature of a substitute (a process
sometimes called "gut and replace"). Each "whereas" clause contains one or
two footnotes providing extensive documentation to prove what is asserted.
Whereas the U.S. apology resolution (USAR) PL 103-150 incorrectly
apologizes solely to Native Hawaiians for the U.S. role in overthrowing the
monarchy in the Hawaiian revolution of 1893, but any apology (if owed at all)
should be directed to all the multiracial population of Hawaii in 1893; and
whereas the apology should especially include the large numbers of
Caucasians who were native-born or naturalized subjects of the Kingdom,
many of whom served as judges, members of the legislature, and were a
majority of department heads, teachers and officers of the government; and
whereas the racially exclusive apology creates divisiveness because it causes
ethnic Hawaiians to believe they are entitled to racially exclusive ownership
of Hawaii and racially exclusive government handouts [n#1]; and
Whereas USAR is filled with twisted half-truths and outright falsehoods about the history of Hawaii and especially the Hawaiian revolution of 1893 [n#2]; and
Whereas Senator Inouye assured his colleagues during the floor debate in
1993, that USAR would never be used to justify a demand for secession,
[n#3] yet numerous Hawaiian sovereignty groups have been using it that way for 20 years [n#4]; and
Whereas Senator Inouye assured his colleagues during the floor debate in
1993, that USAR would never be used to justify demands for restitution in
the form of special race-based government handouts; [n#5] yet USAR has
been cited in the "findings" preambles of every major bill introduced by
Senators Inouye and Akaka to provide federal recognition to Native Hawaiians
as an Indian tribe, and to provide special race-based programs in housing,
healthcare, education, etc. [n#6]; and
Whereas USAR has prompted many ethnic Hawaiians to clog the courts with
bogus assertions that the federal and state governments are illegal in Hawaii
and hence lack jurisdiction over them to enforce requirements for vehicle
registrations and driver licenses [n#7]; and
Whereas activists have used USAR to insist the U.S. flag must not fly over
'Iolani Palace, to assert ethnic Hawaiian takeovers of the Palace, and to
oppose government regulations for use of Palace grounds[n#8]; and
Whereas USAR has been used in two different campaigns a decade apart by a
Hawaiian sovereignty activist in collaboration with realtors to perpetrate a
scam by asserting that the "illegal overthrow of the monarchy" means that
deeds to private property are not valid unless re-certified by the activist
acting as an agent of the Hawaiian kingdom, and clients are charged around
$2,000 for a bogus title search, and bogus documents are filed with the
Bureau of Conveyances placing a cloud on valid deeds, and ignorant clients
are persuaded to stop paying mortgages on the theory that the mortgages
are not valid, and title insurance companies are sued to pay the clients when
mortgages are foreclosed [n#9]; and
Whereas USAR caused local and federal courts to be tied up for a decade in a
ceded lands lawsuit filed by OHA and several individual ethnic Hawaiians where the USAR was the primary focus of attention, and a 5-0 decision by the Hawaii Supreme Court was overturned by a 9-0 decision of the U.S. Supreme Court [n#10]; and
Whereas the U.S. Senate Committee on Foreign Affairs held two months of
hearings in 1894 with testimony under oath and cross-examination regarding
the U.S. role in the Hawaiian revolution of 1893 and concluded that U.S.
peacekeepers had neither caused nor assisted the revolution; and whereas a
joint House/Senate Native Hawaiians Study Commission reached the same
conclusion in 1983 following two years of public hearings and extensive
commentaries by experts[n#11]; and
Whereas the people of Hawaii are disgusted by the gross abuse of the U.S.
apology resolution to attack the sovereignty of the State of Hawaii and to
disrupt the unity and equality of our people [n#12];
Now therefore BE IT RESOLVED by the House of Representatives of the
Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013,
the Senate concurring, that the Legislature hereby expresses its desire that
PL103-150, commonly known as the apology resolution, be rescinded; and
BE IT FURTHER RESOLVED that we ask both of Hawaii's U.S. Senators and all
their colleagues, and both of Hawaii's Members of Congress and all their
colleagues, to introduce and actively support appropriate legislation to
rescind PL103-150; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution
be transmitted to the President of the United States, the Speaker of the
United States House of Representatives, the President of the United States
Senate, the Chief Justice of the Supreme Court of the United States, the
Chief Justice of the Supreme Court of Hawaii, the Governor of the State of
Hawaii, and the Chairperson of the Board of Trustees of the Office of
Hawaiian Affairs.
---------------
FOOTNOTES:
n#1: See the Native Hawaiian Databook Census of 1890 [Kingdom] and
Census of 1896 [Republic] yielding figures of 45% of the population in 1890
and 36% in 1896 being either full or part Native Hawaiian; and see Jonathan
Osorio's book "Dismembering Lahui" for lists of who were members of the
Kingdom legislature in various years
---------
n#2: There have been two excellent refutations of numerous assertions
contained in USAR.
2(a): Hawaii Divided Against Itself Cannot Stand (Essay by Constitutional
lawyer Bruce Fein, as printed In the Congressional Record of June 14, 15, and
16 of 2005 by unanimous consent, by request of Senator Kyl)
https://www.angelfire.com/hi5/bigfiles3/AkakaFeinCongRec061405.html
The section printed in the Congressioal Record on June 14, 2005 is entirely
devoted to a point by point refutation of the apology resolution.
http://www.gpo.gov:80/fdsys/pkg/CREC-2005-06-14/pdf/CREC-2005-06-
14-pt1-PgS6471.pdf#page=1
2(b): Thurston Twigg-Smith, "Hawaiian Sovereignty: Do the Facts Matter?"
(Honolulu, HI: Goodale Publishing, 1998) Chapter 10 "The Congressional
Apology: A Travesty"
http://bigfiles90.angelfire.com/HawnSovDoFactsMatterTTS.pdf
---------
n#3: Full text of the 60 minute Senate floor debate on USAR can be found
at
http://www.hawaii-nation.org/congrec-senate.html
During the debate Senator Gorton (R, WA) discussed the ethnic cleansing
then underway in Bosnia and how the Serbs were fueled by a grievance over
events from 900 years ago. Senator Gorton said "I know that the two
Senators from Hawaii do not agree with the radicals who wish independence
as a result, but the logical consequences of this resolution would be
independence." Senator Inouye replied "To suggest that this resolution is the
first step toward declaring independence for the State of Hawaii is a painful
distortion of the intent of the authors. ... this is a very simple resolution. It
was authored by my friend from Hawaii because he loves America. ..." Later
Senator Inouye added "the suggestion that this resolution was the first step
toward declaring independence or seceding from the United States is at best
a very painful distortion of our intent. ... No, no, this is not seceding or
independence. We fought for statehood long enough and we cherish it and we
want to stay there. I can assure you, I do not wish to leave this place. ... As I
tried to convince my colleagues, this is a simple resolution of apology, to
recognize the facts as they were 100 years ago. ... It is a simple apology."
-----------
n#4: Numerous Hawaiian sovereignty groups have been using the USAR for
20 years as a justification for demanding secession. They describe the
USAR as an admission against interest -- a confession of a crime under
international law for which the proper restitution would be U.S. withdrawal
from Hawaii with payment of billions of dollars in restitution. To find such
assertions, put into the Google search engine the words Hawaiian apology
along with the name of any one of the following sovereignty activists or
groups: Kekuni Blaisdell, Ka Pakaukau, Poka Laenui [an alias of Hayden
Burgess], [David] Keanu Sai, Aloha Quest, Scott Crawford, Charles Kauluwehi
Maxwell, Bumpy Kanahele, Nation of Hawaii, Henry Noa, Reinstated Hawaiian
government.
The apology resolution of 1993 continued to be a major source of fuel for
the fires of secession even 12 years later in 2005, as shown by the following
photos. August 6, 2005, a rally by about 15,000 ethnic Hawaiians protested
a decision by the 9th Circuit Court of Appeals that Kamehameha Schools'
racially exclusionary admissions policy is illegal. Here are Hawaiian
independence activists' signs at the Palace rally proclaiming that USAR
places the U.S. on record as acknowledging that ethnic Hawaiians never gave
up their inherent sovereignty or their national lands.
https://www.angelfire.com/hi5/bigfiles3/KamCiteApolKanakNeverGaveUp.jpg
and
https://www.angelfire.com/hi5/bigfiles3/KamCiteApologyInhrntSovrnty.jpg
See also "The Akaka Bill And Secession" at
https://www.angelfire.com/hi2/hawaiiansovereignty/AkakaSecession.html
--------------
n#5: During the floor debate on the USAR, Senator Inouye assured his
colleagues that the apology resolution would not be used to support demands
for reparations or for special race-based benefit programs. Senator Gorton
asked, "What are the appropriate consequences of passing this resolution?
Are they any form of special status under which persons of Native Hawaiian
descent will be given rights or privileges or reparations or land or money
communally that are unavailable to other citizens of Hawaii?" Senator Inouye
replied, "As I tried to convince my colleagues, this is a simple resolution of
apology, to recognize the facts as they were 100 years ago. As to the
matter of the status of Native Hawaiians, as my colleague from Washington
knows, from the time of statehood we have been in this debate. Are Native
Hawaiians Native Americans? This resolution has nothing to do with that."
Senator Gorton responded, "this Senator wants to sincerely thank the senior
Senator from Hawaii for that answer and accepts it as such. This Senator
believes the Senator from Hawaii has said this resolution is unrelated to -- it
neither advances nor detracts from -- any kind of special treatment for
Native Hawaiians. ... This Senator feels, unfortunately, that the
consequences of the portions of this resolution after the whereas clauses do
in fact provide a basis -- perhaps even a legal basis -- for some kind of
demand for special treatment or for the return of lands. It is for that
reason, for that reason which this Senator believes to be very divisive within
our society, that the Senator regretfully opposes the resolution ... "
-----------
n#6: Senator Inouye gave assurance to his colleagues that the USAR was
merely a simple apology and would not be used to demand special race-based
government handouts. But USAR has been cited in the "findings" preambles
of major bills introduced by Senators Inouye and Akaka to provide federal
recognition to Native Hawaiians as an Indian tribe, and to provide special
race-based programs in housing, healthcare, education, etc. On August 16,
2005 former Senators Slade Gorton (R, WA) and Hank Brown (R, CO) jointly
authored a commentary in the Wall Street Journal expressing opposition to
the Akaka bill and complaining bitterly that Senator Inouye had lied to them
during the Senate debate on USAR in 1993. They wrote: "The Akaka Bill's
justification rests substantially on a 1993 Apology Resolution passed by
Congress and signed by President Clinton when we were members of the
Senate representing the states of Washington and Colorado. (We voted
against it.) The Resolution is cited by the Akaka Bill in three places to
establish the proposition that the U.S. perpetrated legal or moral wrongs
against Native Hawaiians that justify the race-based government the
legislation would erect. These citations are a betrayal of the word given to us
-- and to the Senate -- in the debate over the Apology Resolution.
We specifically inquired of its proponents whether the Apology would be
employed to seek "special status under which persons of Native Hawaiian
descent will be given rights or privileges or reparations or land or money
communally that are unavailable to other citizens of Hawaii." We were
promised on the floor of the Senate by Daniel Inouye, the senior senator
from Hawaii and a personage of impeccable integrity, that, "As to the matter
of the status of Native Hawaiians . . . [t]his resolution has nothing to do with
that. . . . I can assure my colleague of that." The Akaka Bill repudiates that
promise of Sen. Inouye. It invokes the Apology Resolution to justify granting
persons of Native Hawaiian descent -- even in minuscule proportion -- political
and economic rights and land denied to other citizens of Hawaii. We were
unambiguously told that would not be done." The article is available at
http://online.wsj.com/article/0,,SB112415838738514082,00.html?mod=opi
nion%5Fmain%5Fcommentaries
But the Akaka bill is not the only piece of major legislation that relies on the
USAR for its justification. The Hawaii legislature concurrent resolution HCR6
and SCR2, commemorating USAR, cites other legislation that relies on the
apology resolution: "in 2000 and 2002, the United States Congress passed
Public Law 106—568, the Hawaiian Homelands Homeownership Act, and
Public Law 108—110,: the reenacted Native Hawaiian Education Act,
confirming the special trust relationship between the federal government
and the Native Hawaiian people." HLCR also cites the 2008 Hawaii Supreme
Court decision on the ceded lands which relied on the apology resolution (not
mentioning that it was overruled by the U.S. Supreme Court). HLCR also
points out that Act 195, Session Laws of Hawaii 2011, establishing a state-recognized tribe, relies on USAR.
Although HLCR does not mention it, another example of federal legislation
that relies on USAR is the bill to reauthorize the Native Hawaiian healthcare
system, Papa Ola Lokahi, which was S.1929 in the 107th Congress and S.66
in the 112th Congress (never came to the floor in 2011-2012). In the 112th
Congress version S.66, "Findings" 12-16 come directly from the USAR, and
Finding 16 names PL103-150 explicitly. See
https://www.angelfire.com/big09/S66NatHawHealthBadBill.html
------------
n#7: There have been numerous cases where ethnic Hawaiians have gone to
court to make a political point and harass the court by citing the USAR to
assert lack of jurisdiction when they were given traffic tickets for driving
without vehicle registrations or without driver licenses issued by the State
of Hawaii. Perhaps the most famous such case was Lance Larsen vs. Keanu
Sai which those two men took all the way to the Permanent Court of
Arbitration at The Hague. The splashy website created at the direction of Keanu Sai containing all the details is at
http://www.alohaquest.com/
Documents presented by Larsen and Sai are at
http://www.alohaquest.com/arbitration/index.htm
A satirical commentary by sovereignty opponent Ken Conklin, entitled
"Fraudulent Hague Arbitration -- The Use of "the International Court at the
Hague" for a Propaganda Circus" is at
https://www.angelfire.com/hi2/hawaiiansovereignty/fraudhague.html
------------
n#8: Since 1968 the U.S. flag has been allowed to fly on 'Iolani Palace only
one time, following the terrorist attack of September 11, 2001 on the World
Trade Center in New York. Flying the U.S. flag on the Palace caused an
uproar from Hawaiian sovereignty activists, and a countervailing uproar from
patriotic Americans. See section 3 of "Strong Allegiance to American Flag in
Hawaii Following September 11, 2001" at
https://www.angelfire.com/hi2/hawaiiansovereignty/hawpatriotpost911.html
There have been numerous invasions and takeovers of Iolani Palace and its
grounds by Hawaiian sovereignty activists who often cite USAR as their
justification for asserting jurisdiction. Here are webpages documenting four
such events in August 2006, August 2007, and April and August of 2008:
Hawaii Statehood Day 2006 -- Celebration at Old Territorial Capitol Building
(Iolani Palace) Disrupted by Hawaiian Ethnic Nationalist Wannabe-Terrorists
https://www.angelfire.com/planet/bigfiles40/statehoodday2006.html
Hawaii Statehood Day August 17, 2007 -- Holiday hijacked by Hawaiian
sovereignty activists for celebration of 125th anniversary of Iolani Palace;
Zero celebration of Statehood.
https://www.angelfire.com/planet/big60/StatehoodDay2007.html
Insurrection (not mere protest) attempted at Iolani Palace on April 30, 2008,
by so-called Hawaiian Kingdom Government
https://www.angelfire.com/planet/big60/Insurrection043008.html
Hawaii King Akahi Nui -- His alleged coronation at Iolani Palace in 1998 and his violent takeover of Palace grounds and break-in of the building on Friday,
August 15, 2008.
https://www.angelfire.com/bigfiles90/PalaceAkahiNui081508.html
In response the management of the Palace, together with the Department of
Land and Natural Resources, created proposed new rules for Iolani Palace and
grounds which prompted Ken Conklin to write testimony. See
https://www.angelfire.com/bigfiles90/DLNRpalacerulestestimony081508.html
----------
n#9:
(9a): During the 1990s sovereignty activist David Keanu Sai filed a series of
documents with the Bureau of Conveyances whereby he claims to have
established himself as regent pro-tempore of the Hawaiian kingdom. He then
collaborated with a Honolulu realtor to solicit fees totaling more than
$600,000 from hundreds of clients to create bogus title searches and file
new warranty deeds at the Bureau which used Mr. Sai's authority as regent
to condone property transfers done after the overthrow of the monarchy
and to re-certify the validity of the deeds. In at least one case a Native
Hawaiian client whose house was foreclosed for failure to pay the mortgage
relied on Mr. Sai's theories to re-occupy the house after it had been bought
by new owners, resulting in a felony conviction for Mr. Sai and the realtor and
the client. See a very large compilation of published news reports and
commentaries tracking the "Perfect Title" scam at
https://www.angelfire.com/hi2/hawaiiansovereignty/fraudperfecttitle.html
9(b): During the past several years a similar scam has been unfolding where
Mr. Sai, now possessing a Ph.D. in Political Science, has collaborated with a
realtor on Hawaii Island to do the same scam except this time to demand
money from title insurance companies when homes are foreclosed. On
February 11, 2011 the Home Equity Theft Reporter blog reported:
http://homeequitytheft-cases-articles.blogspot.com/2011/02/illegaloverthrow-of-hawaiian-kingdom.html
"In Honolulu, Hawaii, KITV-TV Channel 4 reports:
A legal argument based on the overthrow of the Hawaiian Kingdom, used
unsuccessfully to fight foreclosures in the 1990s, is now being used once
again, even though the man who promoted the theory 15 years ago was
convicted of a felony.
David Keanu Sai is back in the public eye 11 years after being put on
probation after telling people that they could walk away from mortgages
because of the way the Kingdom of Hawaii was overthrown. Hundreds of
people fighting foreclosure have invested in that claim again -- partly
because Sai now has a University of Hawaii doctoral degree to back his
argument.
Kale Gumapac, founder of Laulima LLC and Hawaiian Alliance LLC, advertises
on Craigslist that he has a way to stop the foreclosure process. “It doesn't
put the banks in trouble and it doesn't put the borrower in trouble,” Gumapac
said. “And it's worked. That's what I am trying to tell the Legislature.”
Gumapac said he has about 300 paying customers he is helping attack the
title of their properties. “They can only foreclose if the title is clear,” he
said. The title attack is based on research by Windward Community College
lecturer David Keanu Sai. He argues that the overthrow of Queen Liliuokalani
and the violation of executive agreements between the Queen and the U.S.
government mean that all land title issued in Hawaii since 1893 are illegal and
mortgages null and void.
9(c): In 2011 Keanu Sai, Kyle Gumapac, and other sovereignty activists, with
the connivance of Representative Mele Carroll of Hawaii Island, introduced a
resolution in the House Committee on Hawaiian Affairs to gain publicity for
their bogus historical claims and to recruit clients for their realty scam. The
resolution actually passed the Committee on Hawaiian Affairs, thus
demonstrating how far out of bounds that committee has become and how
much time is being wasted in the legislature because of reliance on the U.S.
apology resolution. Fortunately the resolution died when the Committee on
Judiciary refused to hold a hearing on it. For details, including text of the
resolution, 75 pages of testimony, and the actions of Rep. Carroll, see
"HCR107 in the Hawaii legislature of 2011 -- A resolution establishing a joint
legislative investigating committee to investigate the status of two
executive agreements entered into in 1893 between United States President
Grover Cleveland and Queen Liliuokalani of the Hawaiian Kingdom, called the
Liliuokalani assignment and the agreement of restoration." at
https://www.angelfire.com/big09/HCR107HawLegisl2011.html
--------------
n#10: For about ten years, 2000 through 2009, a lawsuit worked its way
through the courts. The lawsuit was based on the assertion that the U.S.
apology resolution puts Congress on record that the ceded lands were
illegally stolen from native Hawaiians, and then illegally transferred to the
U.S. in the illegal 1898 annexation, and then back to the State of Hawaii in
the 1959 statehood act. And because those land transfers were illegal,
therefore the State of Hawaii should be prohibited from selling any parcel of
ceded lands until such time as the state and federal governments reach a
settlement with Native Hawaiians. On January 31, 2008 the Supreme Court
of the State of Hawaii ruled 5-0 in favor of plaintiffs, based on the USAR.
But on appeal the U.S. Supreme Court ruled 9-0 on March 31, 2009 to
overturn that decision on the grounds that USAR has no power to deprive the
State of its ownership of the ceded lands which were conveyed to Hawaii in
fee simple absolute at Statehood in 1959. A very large webpage provides
text of all major decisions throughout the history of the case, accompanied
by news reports, commentaries, amicus briefs and oral arguments before
the U.S. Supreme Court. See
http://bigfiles90.angelfire.com/CededNoSell.html
----------
n#11:
11(a) See the 808-page Morgan Report, which is the official report of the
U.S. Senate Committee on Foreign Relations, whose chairman was Senator
John T. Morgan, Democrat of Alabama. Senate Report 227 of the 53rd
Congress, second session, was dated February 26, 1894. It was an
investigation into the events surrounding the Hawaiian Revolution of 1893,
and the alleged role of U.S. peacekeepers in the overthrow of Queen
Liliuokalani. It includes testimony under oath in open session with severe
cross-examination, and special reports by experts about the history of
Hawaii and its people, culture, economy, and strategic location. The entire
report, plus summaries and commentaries, is at
http://morganreport.org
11(b) The Native Hawaiians Study Commission was created by the Congress
of the United States on December 22, 1980 (Title III of Public Law 96-565).
The purpose of the Commission was to "conduct a study of the culture,
needs and concerns of the Native Hawaiians." The Commission published and
released to the public a Draft Report of Findings on September 23, 1982.
Following a 120-day period of public comment, a final report was written and
submitted on June 23, 1983 to the U.S. Senate Committee on Energy and
Natural Resources and to the U.S. House of Representatives Committee on
Interior and Insular Affairs. The entire majority report is available at
http://wiki.grassrootinstitute.org/mediawiki/index.php?title=Native_Hawaiia
ns_Study_Commission_Report
11(c) Does the U.S. owe reparations to Native Hawaiians for the overthrow
of the Hawaiian monarchy in 1893? Does the U.S. owe Native Hawaiians
special treatment, group rights, or political sovereignty on account of
anything that happened in the past, or on account of current economic or
social afflictions? See a short summary of the conclusions of the Morgan
Report and the Native Hawaiians Study Commission report including excerpts
which refute the U.S. apology resolution.
https://www.angelfire.com/hi5/bigfiles3/USOwesNatHawns.html
-----------
n#12:
12(a): To understand the full dimensions of the threat to Hawaii caused by
the apology resolution fueling both the Hawaiian independence movement and the quest for federal recognition of a phony Indian tribe through the Akaka bill, see the 302 page book "Hawaiian Apartheid: Racial Separatism and Ethnic Nationalism in the Aloha State" at
http://tinyurl.com/2a9fqa
12(b): To learn more about the importance of unity, equality, and aloha for
all (which the USAR undermines), see a statement of fundamental principles
at
http://tinyurl.com/2c49g
===========================
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