Hawaii Ceded Lands Case
Latest Updates - March 31, 2009
- The opinion of the unanimous court is posted here
- Summary of the decision: Sorry Seems To Be The Hardest Word: U.S. Had "Absolute Fee Simple" Title To Ceded Lands, Apology Resolution Had No Legal Effect
- Spinning The Ceded Lands Decision (links to commentary and media reports)
Oral Argument posts
Summary of the IssuesThe U.S. Supreme Court will be reviewing the Hawaii Supreme Court's decision in Office of Hawaiian Affairs v. Housing and Community Dev. Corp. of Hawaii, 117 Haw. 174, 177 P.3d 884 (Jan. 31, 2008). The Court agreed to review the following Question Presented:
In the Joint Resolution to Acknowledge the 100th Anniversary of the January 17, 1893 Overthrow of the Kingdom of Hawaii, Congress acknowledged and apologized for the United States' role in that overthrow. The question here is whether this symbolic resolution strips Hawaii of its sovereign authority to sell, exchange, or transfer 1.2 million acres of state land-29 percent of the total land area of the State and almost all the land owned by the State-unless and until it reaches a political settlement with native Hawaiians about the status of that land.
The Hawaii Supreme Court's decision is here.
The U.S. Supreme Court's case docket in Hawaii v. Office of Hawaiian Affairs, No. 07-1372 (cert. granted Oct. 1, 2008) is here.
The Court's order granting cert in this case and nine others is posted here.
The Court will hear oral arguments on February 25, 2009.
Briefs (Merits Stage)
Briefs (Petition Stage)
- State of Hawaii's Petition for Writ of Certiorari
- The Office of Hawaiian Affairs' Brief in Opposition
Commentary
- "Ceded Lands" Case Debate: Did The Hawaii Supreme Court Rewrite The Terms By Which Hawaii Became The 50th State? - summary and video of Federalist Society debate at the University of Hawaii Law School (Feb. 12, 2009)
- USSG's Motion To Participate In Oral Argument In The "Ceded Lands" Case - inversecondemnation.com
- New SG Unlikely To Alter Fed Gov't's SCOTUS Arguments In Ceded Lands Case - inversecondemnation.com
- History helps to illuminate Hawaiian ceded lands case (The Garden Island)
- State court correct in protecting ceded lands (op-ed by OHA's attorneys, Honolulu Advertiser)
- Op-Ed Previewing OHA Arguments In SCOTUS Ceded Lands Case: Independent and Adequate State Grounds?(inversecondemnation.com - commentary on above op-ed)
- Too Late For "Never Mind" in the Ceded Lands Case(inversecondemnation.com)
- Legal muscle lines up against Hawaiians on ceded lands(David Shapiro, Volcanic Ash blog)
- Lingle's stance on ceded lands justified (David Shapiro, Honolulu Advertiser)
- The ceded lands dilemma (David Shapiro, Volcanic Ash blog)
- Ceded lands controversy pits reason against reason (Jerry Burris, Akamai Politics blog)
- State has not changed position on ceded lands (Gov. Lingle and AG Bennett, Honolulu Star-Bulletin op-ed)
- Hawaiians, 'aina inextricably linked (Honolulu Advertiser op-ed by "Princess Abigail Kinoiki Kekaulike Kawananakoa . . . the great grand-niece of King Kalakaua and Queen Kapi'olani, and the heir to the Kalakaua Dynasty")
Media reports:
- Who Owns 1.2 Million Acres in Hawaii? Waxman, Williams & Connolly Headed to SCOTUS to Find Out - The AmLaw Daily (Feb. 5, 2009)
- Supreme Court Cheat Sheet - Forbes.com (Feb. 5, 2009)
- Ceded lands bills moving forward - allhawaiinews.com (Feb. 4, 2009)
- 'Heavy Hitters' Battle in the Nation's Supreme Court Over Rights to Hawaiian Ceded Lands - Hawaii Reporter (Feb. 5, 2009)
- More join ceded lands fight - Honolulu Advertiser (Jan. 30, 2009)
- OHA looks for some backup - Honolulu Advertiser (Jan. 13, 2009)
- Justice Department supports state in ceded-lands dispute - Honolulu Advertiser (Dec. 19, 2008)
- Anger on ceded-land stance escalates - Honolulu Advertiser (Dec. 11, 2008)
- State taking new tack in ceded-lands battle - Honolulu Advertiser report on State's merits brief (Dec. 6, 2008)
- State's response to OHA comments in above story - Lingle, AG take issue with OHA comments in ceded land story - Honolulu Advertiser (Dec. 6, 2008)
- Groups oppose ceded-land appeal - Honolulu Advertiser (Nov. 24, 2008)
- Hawaiian sovereignty will nullify Supreme Court ruling - Honolulu Star-Bulletin editorial (Nov. 26, 2008)
- Honolulu Star-Bulletin editorial: Court should reverse freeze on land sales
- Honolulu Star-Bulletin editorial: Hawaii Supreme Court ruling tampers with federalism
- The Honolulu Advertiser reported on the Hawaii Supreme Court's decision in Hawaii court bars state from selling ceded lands
- The Honolulu Star-Bulletin report about the petition is postedhere
- The Advertiser's report on the cert grant
- The Star-Bulletin's report on the cert grant is here
********************************************For More Information on Truth out of Researchers Findings:
OpEdNews - Articles - Author's Page for Amelia Gora
www.opednews.com/author/author4145.htmlAm a descendant of Kamehameha, Queen Liliuokalani, Princess Poomaikelani, etals. from Hawaii. Am a 24 year history, 18 year genealogy, 8+ years legal ...OpEdNews - Diary: Track Record of UNDOING THE CONSTITUTION
www.opednews.com/.../Track-Record-of-UNDOING-TH-by-Amelia-...Jan 22, 2012 – Diary: What are some of problematic issues facing the American people today? Treason! Read some of the other issues documented in this ...OpEdNews - Diary: UPDATING THE ROYAL FAMILIES ...
www.opednews.com/.../UPDATING-THE-ROYAL-FAMILIE-by-A...Jun 8, 2011 – Diary: Genealogies are the basis of the ancient 3000 + years Hawaiian Society. The following are some of the updates which affects all lands in ...OpEdNews - Diary: The Royal Families In The Hawaiian Islands and ...
www.opednews.com/.../The-Royal-Families-In-The-by-Amelia-Gora-...Jan 17, 2012 – Diary: Remembering the Criminal dethronement of Queen Liliuokalani by Americans in 1893 with the help of U.S. President Benjamin Harrison, ...IOLANI – The Royal Hawk
iolani.wordpress.com/Jun 18, 2011 – Amelia Gora (also Representative of our families) ... 2011-2000 Genealogies File/Report from Amelia Gora, a Royal person with Sovereign ...You've visited this page 3 times. Last visit: 4/11/12Amelia Gora, Liaison of Foreign Affairs | ZoomInfo.com
www.zoominfo.com/#!search/profile/person?personId...targetid...www.opednews.com, 14 May 2011 [cached]. By Amelia Gora(about the author) ... Posted by Amelia Gora on May 14, 2011 at 8:12am in Politics ... Amelia Gora ...MANY ARE NOW REALIZING THAT THE BANKERS ARE THE ...
maoliworld.ning.com/.../many-are-now-realizing-that-the-bankers-ar...Feb 28, 2012 – by Amelia Gora (2012). 2012 -. From Oped News: Add to My Group(s) February 26, 2012 at 11:58:18. Well Said 23 Must Read 22 Supported ...Track Record of UNDOING THE CONSTITUTION compiled by ...
maoliworld.ning.com/.../track-record-of-undoing-the-constitution-co...Jan 22, 2012 – R=view by Amelia Kuulei Gora, one Of Kamehameha's, Queen Liliuokalan='s, =rincess =oomaikelani's, Kahekili of Maui, Kaumuali…The U.S. LIVING A LIE IN THE HAWAIIAN ISLANDS - The ...
Posted by Amelia Gora on January 23, 2012 at 8:20am in Politics ... Reference: http://www.opednews.com/Diary/More-Evidence-on-Pearl-Har-by-Amelia-... and ...WebMii - Amelia Gora
webmii.asia/Result.aspx/Amelia/GoraOpEdNews - Diary: UPDATING THE ROYAL FAMILIES GENEALOGIES - Keep ... UPDATING THE ROYAL FAMILIES GENEALOGIES by Amelia Gora (2011) ...
Are You Part of the Royal Families? The Answers Lie In the Names On Properties In Downtown Honolulu, He Mokupuni Ko Hawaii Pae Aina
Comment by Amelia Gora on January 12, 2012 at 10:49pm
- Delete Comment
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This is the article printed BEFORE Mataio Kekuanaoa died:
- Delete Comment
CCompare the 1867 Genealogies and the 1874 Genealogies........
Notice how Ruth Keelikolani's father changed from Kahalaia to Kekuanaoa.....Kekuanaoa died in 1868.
Notice how Queen Emma's husband Bennett Namakeha's genealogies were eliminated and not shown in the 1874 genealogies.
Notice how Kahekili, Kalola (w) genealogies were eliminated in the 1874 genealogies. Our families are descendants of these lines..............
Can you see the issues.............how the heirs had been eliminated.........but the names are documented in the testimonies, etc. which validates the 1867 genealogies.
Many were afraid of our tutu Kekuanaoa.........and when he died in 1868, lots of criminal deviance occurred............and now this is exposed for all to see...............
aloha.
Replies
For the Public Records, Ko Hawaii Pae Aina Records/Acting Liaison of Foreign Affairs Records, etc.:
OPPOSITION TO ABERCROMBIE CLAIMED SIGN OVER OF LANDS TO THEIR CORRUPT AGENCY CALLED OHA/OFFICE OF HAWAIIAN AFFAIRS, ALSO HE AND OTHERS ARE RECORDED ON THE GENOCIDE ACTIVITIES FILE AT THE HONOLULU POLICE DEPARTMENT, ETC. AS WELL.
CERTIFIED DOCUMENTS CLAIMING THE CROWN LANDS WERE FILED IN 1996, TO PRESIDENT WILLIAM CLINTON, ETC. and over time......Many Liens/Affidavits/Notices were filed as well.
https://www.youtube.com/watch?v=qGKx2LNbF5M
Sincerely,
Amelia Gora, one of Kamehameha's descendants/heirs in multiples of lines, Bernice Pauahi Bishop's next of kin's descendants, King Kalakaua's, Queen Liliuokalani's Families, etc.
additional information that everyone needs to know:
http://www.disappearednews.com/2011/07/repost-history-that-should-n...
Sunday, July 03, 2011
Repost: History that should not—and will not—disappear: July 4, 1894, illegal overthrow of Hawaii completed
by Larry Geller
Cannon on the steps of the occupied Iolani Palace
On July 4, 1894, the Republic of Hawaii was declared, with Sanford B. Dole as president. The illegal overthrow of the independent nation of Hawaii was complete.
Yes, although your daily paper may want you to forget this, it is history that should not be ignored. There’s even a federal law confirming the truth of the history they refuse to print.
From the Apology Resolution, United States Public Law 103-150:
A treaty of annexation was never passed by Congress, and President Grover Cleveland withdrew the treaty. Then on this day in history…
What was the motivation? Need you ask? Why is the US in Iraq?From the Washington Post review of Overthrow:
The road leading up to the declaration of the Republic of Hawaii was rocky, and can’t be summed up in a short blog article. Did you know, for example, that a US Senate investigation revealed that a bribe had been offered to Queen Liliuokalani to turn against her people and support the Republic? This snip is from a New York Times article on the Senate investigation, dated 1/29/1894:
The declaration of the Republic was not a single, static event. There was considerable debate in Congress on resolutions condemning the overthrow and proposed annexation. For example, this snip from the 1/25/1894 New York Times will give you an idea of the complexity that we lose in simplifying Hawaii’s history:
Each article is much longer than the snips above. It would be worthwhile to skim the New York Times for a complete account of the Congressional debate. No doubt this has already been done. If not, the articles are available on-line for the harvesting..
If you’re not familiar with Hawaiian history, beware of websites that work hard to re-write it. The true picture of the overthrow is not pretty, nor can the acts of the US government be justified or whitewashed. Google cautiously.
Let your children know that there is more to July 4 than barbeques and fireworks. It is a holiday that tears people apart here in Hawaii. See how you can work this history into your celebrations and festivities, so that it will never disappear.
This work is licensed under a Creative Commons Attribution Non-commercial Share Alike license.
Comments:
July 4, 1776 marked the creation of the United States through the Declaration of Independence. Hawaii proudly celebrates that date as part of our heritage because Hawaii joined the union.
July 4, 1894 marked the creation of the Republic of Hawaii through the publication of its Constitution. At least five delegates to the Constitutional Convention were native Hawaiians; the Constitution was published in both English and Hawaiian; the Speaker of the House was former royalist John Kaulukou.
July 4, 1960 marked the date when the U.S. flag with 50 stars was first officially displayed, by being raised at 12:01 AM at the Fort McHenry National Monument in Baltimore, Maryland (where Francis Scott Key had written "The Star Spangled Banner"). This followed the tradition of naming the next July 4 following admission to Statehood as the date for official display of the new flag.
Let's remember what Hawaii was like on America's birthdate in 1776. Captain Cook had not yet arrived. Hawaiians were living in the stone age. They had not yet invented the wheel, had no written language, and no clay pottery. They had only extremely small amounts of metal that washed up in driftwood from sunken ships. There was constant warfare among competing warlords. There was no concept of human rights -- both slavery and human sacrifice were practiced. The death penalty was imposed on anyone who stepped on the shadow of a high chief, or any woman who ate a banana or coconut.
Things had functioned that way for a thousand years and would have remained unchanged except for the arrival of British explorers in 1778, followed by European and American whalers and businessmen, and then American missionaries in 1820. Hawaiians eagerly embraced reading and writing, Christian religion, human rights, private property rights, a market economy, the rule of law, etc. In 1893 a revolution led by a local militia with 1500 members put an end to a corrupt and ineffective monarchy, replacing it with a republic.
Thus we Hawaiians celebrate a triple holiday on July 4, for 1776 (U.S. independence) 1894 (Republic of Hawaii), and 1960 (50th star added to U.S. flag). Unfortunately most citizens today don't know that the Republic of Hawaii was internationally recognized de jure as the legitimate government of Hawaii by letters personally signed by emperors, kings, queens, and presidents of at least 20 nations on four continents in eleven languages, sent to President Dole during the last half of 1894.
For details about July 4 as a triple holiday for Hawaii, see
http://tinyurl.com/68u7nz
For a detailed and heavily documented rebuttal to the history-twisters' claims that the revolution of 1894 was illegal, the annexation of 1898 was illegal, and the statehood vote of 1959 was illegal, please see "Hawaii Statehood -- straightening out the history-twisters. A historical narrative defending the legitimacy of the revolution of 1893, the annexation of 1898, and the statehood vote of 1959."
http://tinyurl.com/n2zzeo
There's no need for me to rebut all of it, but some is really interesting to me.
I'm glad that you seem to object to slavery and human sacrifice. Too bad, though, that you don't object to it right here at home. Hawaii will be the site of the largest human trafficking (indentured servitude) trial in US history starting next year, and this month a related case begins in federal court. It looks like our agricultural economy, at least, is still dependent on human slavery. And we're not talking 1776, either. It's 2011. In case you didn't know it, our founding fathers had nothing against slavery and some kept slaves themselves.
As to human sacrifice, have you not been reading the newspaper? Between the Taliban, Al Qaeda and yes, the USA, we're engaged in massive human sacrifice. We don't even care much about sacrificing our own troops. Or of course killing vast numbers of others. Now we've got drones to make it easier to kill. We're killing innocent men, women and children in various spots around the world in greater numbers than ever before. Our partner in crime, Israel, killed 1400+ people while we looked the other way, even though about a third (?) of those are children. Did we withhold our aid money, which made the massacre possible? No. We don't have much claim to nobility, and I'm talking again about today, not a hundred years ago.
I need to draw this comment to an end, but I don't want to miss the US firebombing of Tokyo that killed more people than either atomic bomb, or of course the killing of innocent civilians with those two bombs. I mention this to put things in perspective. Hawaii, at any time in its history, did not rise to these heights of mass human destruction that we ourselves demonstrate and still accept.
There is also the question of singling out Hawaii in those days as a place that it is ok to take over because of the nature of its people. That was part of the openly imperial argument at the time. Remember, the occupiers could not get enough slave labor to run the plantations. We did not behave much differently, did we, once we took over? Does the designation of a people as savages, which is what you are doing, justify military and then genocidal action against them? Did not one "savage" simply replace others?
The Hawaiian people were very capable of modern government, education, agriculture, and other aspects of "civilization" that defy your implications, and their government was recognized fully by other countries.
By the way, imperfect though my own arguments may be, comments in this blog are really not structured to hold a proper debate about it, and I can't devote the time to reviving an old subject for your pleasure.
So comments here will be closed with this one.
1) Everyone must understand that the United States and/or the United States of America and Congress for that matter has been "Bankrupt." The President or CEO of this "Corporation," has "abdicated" his throne," and has given it up to another "King," and/or "Monarchy," the Governor of the "International Monetary Fund," see United States Code Title 22 - Section 286: Acceptance of Membership by the United States in International Monetary Fund.
2) Not one, and i mean not even one judge/attorney is licensed in the "State of" Hawaii???? Go down to the Department of Commerce & Consumer Affairs," and go find and do your own research about what i just posted...That means that these "Foreign Agents" are both, "Foreign & Private Agents" of the "IMF," who receives funds for the Federal Reserve...Check out U.S.C. Title 18 Section 951; U.S.C. Title 22 Section 612; and especially this one, U.S.C. Title 8- Title 1481...
3) That all courts of the Hawaiian islands today is controlled and is a "Private Judiciary."
4) That the "Hawaii State Bar Association, who has a "private membership" now of almost 10,000, foreign and private agents to collect information and contributions for a "Foreign Power," is only registered with the Department of Commerce and Consumer Affairs, but like all "Judges/Attorneys/Lawyers, are not "Licensed" to do business in the "State of" Hawaii...
There is a lot more i could freely share, but i believe this information that i have shared, in and of itself is enough for you all to chew on for a while...
Larry, you are the best! Thank you for giving us the original documents to read! And for pointing out the erroneous claims of Mr. Conklin. I plant to share this widely. (ie, on FaceBook) :-)
13) 1895-
President Cleveland Gave Hawaii Back to Queen Liliuokalanihttps://docs.google.com/leaf?id=0B6Gs4av5Se1wN2JkZjMxMzEtMDIyNi00YW…
https://docs.google.com/leaf?id=0B6Gs4av5Se1wN2JkZjMxMzEtMDIyNi00YW…
14) 1897 – Annexation Opposition by Queen Liliuokalani found by researcher Kiliwehi Kekumano: https://docs.google.com/leaf?id=0B6Gs4av5Se1wOGJmZjg4MmQtNWRjMS00NT…
https://docs.google.com/leaf?id=0B6Gs4av5Se1wOGJmZjg4MmQtNWRjMS00NT…
Annexation Opposition (page 2) https://docs.google.com/leaf?id=0B6Gs4av5Se1wNWVlMTc0MjEtZWZiZS00Y2…
https://docs.google.com/leaf?id=0B6Gs4av5Se1wNWVlMTc0MjEtZWZiZS00Y2…
Annexation Opposition (page 3) https://docs.google.com/leaf?id=0B6Gs4av5Se1wY2RjYzZmNjQtMjUxYi00Zm…
https://docs.google.com/leaf?id=0B6Gs4av5Se1wY2RjYzZmNjQtMjUxYi00Zm…
Annexation Opposition (page 4) https://docs.google.com/leaf?id=0B6Gs4av5Se1wNmY2Mzk3ZTctZDEyMy00Yz…
https://docs.google.com/leaf?id=0B6Gs4av5Se1wNmY2Mzk3ZTctZDEyMy00Yz…
15) The Hawaiian Disgrace http://query.nytimes.com/mem/archive-free/pdf?res=F70A1FF7345D11738…
http://query.nytimes.com/mem/archive-free/pdf?res=F70A1FF7345D11738…
16) Shameful Conspiracy https://docs.google.com/leaf?id=0B6Gs4av5Se1wN2Y2YjAwOTItOTEwMC00Mz…
https://docs.google.com/leaf?id=0B6Gs4av5Se1wN2Y2YjAwOTItOTEwMC00Mz…
Ex-Queen Liliuokalani to the President.
(Received February 3, 1893.)
His Excellency BENJAMIN HARRISON,
President of the United States:
MY GREAT AND GOOD FRIEND: It is with deep regret that I address you on this occasion. Some of my subjects, aided by aliens, have renounced their loyalty and revolted against the
constitutional government of my Kingdom. They have attempted to depose
me and to establish a provisional government, in direct conflict with
the organic law of this Kingdom. Upon receiving incontestable proof that
his excellency the minister plenipotentiary of the United States, aided
and abetted their unlawful movements and caused United States troops to
be landed for that purpose, I submitted to force, believing that he
would not have acted in that manner unless by the authority of the
Government which he represents.
This action on my part was prompted by three reasons: The futility of a conflict with the United States; the desire to avoid violence, bloodshed, and the destruction of life and property,
and the certainty which I feel that you and your Government will right
whatever wrongs may have been inflicted upon us in the premises.
In due time a statement of the true facts relating this matter will be
laid before you, and I live in the hope that you will judge uprightly
and justly between myself and my enemies.
This appeal is not made for myself personally, but for my people who have hitherto always enjoyed the friendship and protection of the United States.
My opponents have taken the only vessel which could be obtained here for
the purpose, and hearing of their intention to send a delegation of
their number to present their side of this conflict before you, I
requested the favor of sending by the same vessel an envoy to you, to
lay before you my statement, as the facts appear to myself and my loyal
subjects.
This request has been refused and I now ask you that in justice to
myself and to my people that no steps be taken by the Government of the
United States until my cause can be heard by you.
I shall be able to dispatch an envoy about the 2d day of February as that will be the first available opportunity hence, and he will reach you with every possible haste that there may be no
delay in the settlement of this matter.
I pray you, therefore, my good friend, that you will not allow any conclusions to be reached by you until my envoy arrives. I beg to assure you of the continuance of my highest consideration.
LILIUOKALANI, R.
HONOLULU, January 18,1893.
https://www.youtube.com/watch?v=9nqDkCzwXeY&feature=related