Unconstitutionality of the annexation of Hawaii

The President––not the Congress––has the constitutional authority to act as the representative of the United States in foreign affairs, Congress may proclaim jurisdiction or sovereignty over the territorial sea for international law purposes only if it possesses a specific constitutional power.Congress has the power under Article IV, Section 3 of the Constitution to admit new states into the nation.The United States also annexed Hawaii by joint resolution in 1898. Joint Res. 55, 30 Stat. 750 (1898). Again, the Senate had already rejected an annexation treaty, this one negotiated by President McKinley with Hawaii. And again, Congress then considered a measure to annex the land by joint resolution. They, however, neglected one significant nuance: Hawaii was not being acquired as a state. Because the joint resolution annexing Texas relied on Congress’ power to admit new states, “the method of annexing Texas did not constitute a proper precedent for the annexation of a land and people to be retained as a possession or in a territorial condition.” Andrew C. McLaughlin, A Constitutional History of the United States 504 (1936).The constitutionality of the annexation of Hawaii, by a simple legislative act, was strenuously contested at the time both in Congress and by the press. The right to annex by treaty was not denied, but it was denied that this might be done by a simple legislative act…Only by means of treaties, it was asserted, can the relations between States be governed, for a legislative act is necessarily without extraterritorial force––confined in its operation to the territory of the State by whose legislature it is enacted.Representative Ball thus characterized the effort to annex Hawaii by joint resolution after the defeat of the treaty as “ a deliberate attempt to do unlawfully that which can not be lawfully done.” Id.
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  • KU I KA PONO -LONG LIVE THE HAWAIIAN
  • Therefore, the lands that Lindle Lingle reported that are ceded does not exist. We never ceded any lands to the United States even though the alleged Hawaii Statehood of 1959 alluded the po'e to believe. You get this, and this what you get on the condition if this is met. Does this make sense?

    Annexation was contested. Do you know if your tutu signed the Ku'e Petition? I know that my great grandmother KEAAPOI signed it. When I saw her signature, tears rolled down my face. She was married to my great grandfather who was a reverand in his time. In the midst of transformations occuring faster than a bullet can be made, the noise around the islands can be heard. Can you hear it? The voices of our tutu calling. I can hear my aunty Alice kahea to my father on Moloka'i. Sounds weird? Unbelievable, the MANA is there whether you know it or not. Your tutu stands next to you and me. They were here four hours ago when I was talking to cousin Kalilimoku.

    We talked about the AKAKA BILL and the alumni. Of course genealogy was dearest to our heart! You will only know what you know about our history by people who share it. Tane is versed in this area and pono when he shares it. I'll take it apart and decipher the message. Okay what is he saying? Then, I ask my self, "How does it affect me?"

    This is similar to doing genealogy. Genealogy and the history we create today will have an impact on what we do about it. Do you hear the CONGRESS talking about us? Yes, they are! We are all connected by the tutus who signed the KU'E PETITION. It was our legislative voice that put a stop to it!

    Now, how can we cede lands if it wasn't ceded in the first place? Do you recall the PKO? Stop the bombing on Kaho'olawe. Our ancestrial lines and cultural celebrations are part of our history on that island. Every island has a history of places and events that ties to the 'aina. NO 'AINA, NO CULTURE, NO LANGUAGE. Why is it a NO, why not a YES?

    BE AKAMAI...READ ABOUT... EDUCATE YOURSELF AND ASK QUESTIONS... WE CAN MOVE A MOUNTAIN TOGETHER AS ONE AND POSITION IT TO BENEFIT ALL KANAKA MAOLI. WE CAN TAKE A GIGANTIC STEP AS WE DID IN THE MARCH!

    How do you give ALOHA to the po'e who stripped us of our ALOHA. We have always had our ALOHA. Lets bring together ALOHA and stop the nonsense!
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