Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
LawfulHawaiianGovernment
EducationKit
ReinstatedDeJureMarch13,1999
STUDYMATERIALSUSEDTOPREPARETOBECOME
AHAWAI'INATIONALCITIZEN/DENIZEN
AlohaMai,
Theinformationcontainedinthiseducationkitwillenablethereadertolearnand
understandaprocesstoaccomplishsovereignnationrecognitionofthereinstated
HawaiianKingdomandtheinherentsovereignty(lawfulgovernment)ofHawaii.There
are11sectionsintheeducationkitthatinclude;
1. Introduction
2. TheofficialprotesttotheTreatyofAnnexationbyQueenLili'uokalani(1897).
3. TheKu'eMemorialPetititionof1897.
4. ApresentationbyKAONAthatdescribestheinherentsovereigntyofHawaiiincontexttolawand
howtoapplyareinstatementprocessforalawful(dejure)sovereignHawaiianKingdom
governmentunderinternationallaw.
5. AGovernmentprofilethatdescribesandexplainstheactualreinstatementprocessoftheHawaiian
Kingdominaccordancetointernationallaw,thejustificationinlaw,itsmanifestationofauthority,
andtheestablishmentofthegovernmentdejure.
6. AdeclarationbytherepresentativesoftheinherentsovereigntyoftheHawaiianKingdom
proclaimingtheestablishmentofaninterimprovisionalgovernment.
7. ThepublicnoticesissuedbythereinstatedHawaiianKingdomannouncingthereturnoftheexiled
government.
8. TheAmendedConstitutionofHawaiiof2000.
9. ExcerptsfromtheLawofNationsbyEmerichDeVattell(1758).
10. ExcerptsfromtheU.S.Constitution,andtheentiretyofU.S.PublicLaw103150,Stat1510.
11. Glossary
ContactInformation
TheReinstatedHawaiianGovernmentisrepresentedinmattersofpublicaffairsbyitsOfficeof
Communications:
OfficeofCommunications
P.O.Box968042236
Honolulu,TheHawaiianIslands
Phone:(808)7323849
admin@thelawfulhawaiiangovernment.org
www.thelawfulhawaiiangovernment.org
II
Introduction
On March 13, 1999, the Kanaka Maoli (aboriginal Hawaiian people) ancestry from across the
Hawaiian Islands convened on the island of Oahu to return their true and lawful government
from its century long exile. This action, to reinstate the former inherent sovereignty, was
undertaken in accordance to international law and Hawaiian Kingdom Laws in response to
United States Public Law 103-150, A Joint Resolution to Offer an Apology to Native Hawaiians
on behalf of the United States, for the Overthrow of the Kingdom of Hawaii.
This act was passed by both houses of Congress and signed by President Bill Clinton in 1993.
This is what Hawaiian Nationals demanded from the United States government and finally
succeeded in acquiringa written confession.
To assure proper claimant status, the Reinstated Hawaiian Kingdom and Government was
established to answer the legal obligation created by the United States through U.S. Public Law
103-150.
THE INHERENT SOVEREIGNTY OF HAWAII
The Inherent Sovereignty of Hawaii was the former government (political authority) of the
Hawaiian Kingdom. The government was a constitutional monarchy comprised of three
branches: Executive (Monarch and Privy Council), Legislative (House of Nobles and
Representatives), and Judicial (Supreme Court and lower courts).
OVERTHROW OF A GOVERNMENT
On January 17, 1893, the inherent sovereignty of Hawaii was removed from power by the United
States Government. As a result, the Hawaiian Kingdom was illegally overthrown and the
inherent sovereignty placed into exile. Since that fateful day the Hawaiian people have
continually strived to correct that injustice. On the same day that the Hawaiian Nation and its
government were overthrown, her majesty, Queen Liliuokalani issued a protest letter objecting
to the unlawful acts committed against herself and the Hawaiian Kingdom and its government.
Through the issuance of her protest letter, Queen Liliuokalani invoked international law and
reserved the right of her people to reclaim their inherent sovereignty rights and nation status.
RECLAIMING A NATIONS SOVEREIGNTY
The Hawaiian people possess an inherent right to the former Hawaiian Kingdom and
government. This inherent right is based upon the fact that our former nation was acknowledged
and recognized throughout the world. One of the fundamental principles of international law is
the right of a people to claim their freedom, liberty and nationality. This is the essence of the
inherent right of a people to exist.
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MANIFESTATION THROUGH PERFECT RIGHT DOCTRINE
The international law principle of rights is separated into two distinct applications, perfect right
doctrine and imperfect right doctrine. The reinstatement of the Hawaiian Kingdom is founded on
the exercise of perfect right. Our Monarchs were knowledgeable in the application of
international law and executed all efforts to cleverly secure the inherent sovereign powers of our
Hawaiian nation. To learn and understand the powers preserved to the inherent sovereignty of
Hawaii is to see the awesome power reserved to reclaim international recognition through the
unification of one Sovereign nation.
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Oh, honest Americans, as Christians hear me for my downtrodden people! Their form of
government is as dear to them as yours is as precious to you. Quite warmly as you love your
country, so they love theirs. With all your goodly possessions, covering a territory so immense
that there yet remain parts unexplored, possessing islands that, although new at hand, had to be
neutral ground in time of war, do not covet the little vineyard of Naboth's, so far from your
shores, lest the punishment of Ahab fall upon you, if not in your day, in that of your children,
for"be not deceived, God is not mocked." The people to whom your fathers told of the living
God, and taught to call "Father," and now whom the sons now seek to despoil and destroy, are
crying aloud to Him in their time of trouble; and He will keep His promise, and will listen to the
voices of His Hawaiian children lamenting for their homes."
-Lili`uokalani, Last Queen of Hawai'i
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Because my people, about forty thousand in number, have in no way been consulted by those,
three thousand in number, who claim the right to destroy the independence of Hawaii. My people
constitute four-fifths of the legally qualified voters of Hawaii, and excluding those imported for
the demands of labor, about the same proportion of the inhabitants.
Because said treaty ignores, not only the civic rights of my people, but, further, the hereditary
property of their chiefs. Of the 4,000,000 acres composing the territory said treaty offers to
annex, 1,000,000 or 915,000 acres has in no way been heretofore recognized as other than the
private property of the constitutional monarch, subject to a control in now way differing from
other items of a private estate.
Because it is proposed by said treaty to confiscate said property, technically called the crown
lands, those legally entitled thereto, either now or in succession, receiving no consideration
whatever for estates, their title to which has been always undisputed, and which is legitimately in
my name at this date.
Because said treaty ignores, not only all professions of perpetual amity and good faith made by
the United States in former treaties with the sovereigns representing the Hawaiian people, but all
treaties made by those sovereigns with other and friendly powers, and it is thereby in violation of
international law.
Because, by treating with the parties claiming at this time the right to cede said territory of
Hawaii, the Government of the United States receives such territory from the hands of those
whom its own magistrates (legally elected by the people of the United States, and in office in
1893) pronounced fraudulently in power and unconstitutionally ruling Hawaii.
Therefore I, Lili'uokalani of Hawaii, do hereby call upon the President of that nation, to whom
alone I yielded my property and my authority, to withdraw said treaty (ceding said Islands) from
further consideration. I ask the honorable Senate of the United States to decline to ratify said
treaty, and I implore the people of this great and good nation, from whom my ancestors learned
the Christian religion, to sustain their representatives in such acts of justice and equity as may be
in accord with the principles of their fathers, and to the Almighty Ruler of the universe, to him
who judgeth righteously, I commit my cause.
Done at Washington, District of Columbia, United States of America, this seventeenth day of
June, in the year eighteen hundred and ninety-seven.
Lili'uokalani
Joseph Heleluhe }
Wokeki Heleluhe } Witnesses to Signature.
Julius A. Palmer }
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"The United States is just - a land of liberty. The people there are the friends - the great friends of
the weak. Let us tell them - let us show them that as they love their country and would suffer
much before giving it up, so do we love our country, our Hawai'i, and pray that they do not take
it from us.
- Mrs. Emma Nawahi, Women's Hawaiian Patriotic League, 1897
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extinguish our existence as a Nation, and to annex our territory to the United States. That
the Hawaiian people, during more than half a century prior to the events herein above
recited, had been accustomed to participate in the Constitutional forms of Government, in
the election of Legislatures, in the administration of justice through regularly constituted
magistrates, courts and juries, and in the representative administration of public affairs, in
which the principle of government by majorities has been acknowledged and firmly
established.
8. That your memorialists humbly but fervently protest against the consummation of this
invasion of their political rights; and they earnestly appeal to the President, the Congress
and the People of the United States, to refrain from further participating in the wrong so
proposed; and they invoke in support of this memorial the spirit of that immortal
Instrument, the Declaration of American Independence; and especially the truth therein
expressed, that Governments derive their just powers from the consent of the governed,
---and here repeat, that the consent of the people of the Hawaiian Islands to the forms of
Government imposed by the so-called Republic of Hawaii, and to said proposed Treaty of
Annexation, has never been asked by and is not accorded, either to said Government or to
said project of Annexation.
9. That the consummation of the project of Annexation dealt with in said Treaty would be
subversive of the personal and political rights of these memorialists, and of the Hawaiian
people and Nation, and would be a negation of the rights and principles proclaimed in the
Declaration of American Independence, in the Constitution of the United States, and in
the schemes of government of all other civilized and representative Governments.
10. Wherefore your memorialists respectfully submit that they, no less than the citizens of
any American Commonwealth, are entitled to select, ordain and establish for themselves,
such forms of Government as to them shall seem most likely to effect their safety and
happiness; and that questions of such moment to the Hawaiian people as are proposed to
be settled by said Treaty, are questions upon which said people have the right, in the
forum of Conscience, to be heard; and that said Hawaiian people have thus far been
denied the privilege of being heard upon said questions.
11. And your memorialists humbly pray the President, Congress and the people of the United
States, that no further steps be taken toward the ratification of said Treaty, or toward the
extinguishment of the Hawaiian Nationality, or toward the absorption of the Hawaiian
people and territory into the body politic and territory of the United States of America, at
least until the Hawaiian people, as represented by those citizens and residents of the
Hawaiian Islands who, under the provisions of the Hawaiian Constitution, promulgated
July 7, 1887, would be qualified to vote for representatives in the Legislature, shall have
had the opportunity to express at the ballot box, their wishes as to whether such project of
Annexation shall be accepted or rejected.
12. And your memorialists, for themselves, and in behalf of the Hawaiian people, and of the
residents of the Hawaiian Islands, pledge their faith that if they shall be accorded the
privilege of voting upon said questions, at a free and fair election to be held for that
purpose; and if a fair count of the votes that shall be cast at such election shall show a
majority in favor of such Annexation, these memorialists, and the Hawaiian people will
yield a ready and cheerful acquiescence in said project.
Honolulu, Hawaii
October 8, 1897
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J. Kalua Hookano
Samuel K. Pua
F. J. Testa
C. B. Maile
Samuel K. Kamakaia, Citizens' Committee
James Keauiluna Kaulia, President of the Hawaiian Patriotic League
David Kalauokalani, President of the Hawaiian Political Association
KAONA presents
Discover the Inherent Sovereignty of Hawaii
Learn about the future of Hawaii
The purpose of the presentation is to describe and explain the existence of the inherent
sovereignty of Hawaii.
The objective of the presentation is to validate and substantiate the inherent sovereignty
of Hawaii according to the principles of international and domestic laws.
The goal of the presentation is to consolidate the efforts of the native Hawaiians seeking
sovereignty for Hawaii to acknowledge the lawful existence of the inherent sovereignty
of Hawaii and to introduce the process to implement the reinstatement and recognition of
the inherent sovereignty.
How to reinstate the lawful sovereignty of the (de jure) Kingdom of Hawaii
What does reinstating the de jure nation mean?
1 Reinstating and restoring the lawful government (sovereignty) that existed prior to
the overthrow.
2 Reinstating the laws of the overthrown de jure sovereignty of the de jure sovereign
nation, Kingdom of Hawaii
Where does the authority to reinstate a nation derive from?
1 The authority to reinstate the de jure sovereignty and sovereign nation is derived
from the principles of international public law.
2 Another authority to support the reinstatement of the de jure Kingdom of Hawaii
is the domestic law of the United States of America: public law 103-150 107 stat.
1510
3 The preservation of the unique status known as de jure by our sovereign Alii
Queen Liliuokalani through the protest letter.
Who can reinstate a nation?
1 The perfect right to reinstate a nation is vested to the people belonging to the
sovereign nation that once existed before the unlawful overthrow.
2 Those individuals who have initiated international protocols.
Why should we reinstate a nation?
1 To reclaim the political authority (government) of the de jure Kingdom of Hawaii
sovereign nation.
2 To finally correct the gross injustice that occurred to the lawful sovereignty and
sovereign nation of Hawaii.
3 The process to reinstate a nation or state has occurred repeatedly in the 20th
century, based on the perfect right of a nation to reclaim its sovereign nation.
When can a nation be reinstated?
1 The process to reinstate a nation includes: the application to declare a position
and in the case of Hawaii, that process was initiated in 1994 with the filing of a
Position Paper with Authorities at the Bureau of Conveyance.
2 The reinstatement process of the sovereignty of Hawaii is a two step application;
Step #1
The formation of an Interim Provisional Government to establish;
A. The proper offices to conduct a General Elections
B. To register de jure citizens
Step #2
To establish the lawful sovereignty (government) of the de jure
Kingdom of Hawaii.
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Proof can be had from the works of the natural law that liberty and independence belong to man by his very
nature, and they cannot be taken from him without his consent. Citizens of a state, having yielded them in part to
the sovereign, do not enjoy them to their full and absolute extent. But the whole body of the nation or state, so long
as it has not voluntarily submitted to other men or other nations, remains absolutely free and independent
(Intro: Law of Nations, Emer De Vattel)
That I yield to the superior force of the United States of America...I do this under protest and impelled by said
force...
...the Government of the United States shall, upon facts being presented to it, undo the action of its representatives
and reinstate...
THE TRUTH
1993 JOINT RESOLUTION PUBLIC LAW 103-150; 107 STAT. 1510
Whereas the indigenous Hawaiian people never directly relinquished their claims to their inherent sovereignty as
a people or over their national lands to the United States, either through their Monarchy or through a plebiscite or
referendum; (Paragraph 29)
...without the consent of the Native Hawaiian people or the lawful Government of Hawai'i and in violation of
treaties between the two nations and international law; (Paragraph 8)
Whereas, from 1826 until 1893, The United States recognized the independence of the Kingdom of Hawai'i,
extended full and complete diplomatic recognition to the Hawaiian Government, and entered into treaties and
conventions with the Hawaiian monarchs to govern commerce and navigation in 1826, 1842, 1849, 1875, and
1887; (Paragraph 3)
Joint Resolution to acknowledge the 100th anniversary of the January 17, 1893 overthrow of the Kingdom of
Hawai'i
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PRINCIPLES
IMPERFECT RIGHTS
PERFECT RIGHTS
IMPERFECT OBLIGATIONS
PERFECT OBLIGATIONS
INTERNATIONAL LAW
DOMESTIC LAW
U.S. FEDERAL LAW
RECOGNITION BY U.S. CONGRESS
STATE OF HAWAI'I LAWS
SESSION LAWS
KINGDOM OF HAWAI'I LAW
IN A STATE OF IMPAIRMENT
APPLICANTS
HOW EACH APPLICANT DERIVES AUTHORITY
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STRUCTURE OF LAW
BETWEEN AND WITHIN NATIONS
PUBLIC
INTERNATIONAL LAW
INTERNATIONAL LAW
THE CUSTOMARY LAWS THAT REGULATE THE CONDUCT AND AFFAIRS
BETWEEN NATIONS AND STATES. THE PRINCIPLES OF LAWS AGREED
UPON TO REGULATE THE SOVEREIGNTIES
TREATIES, CONVENTIONS
COMMERCIAL CONTRACTS
PRIVATE
INTERNATIONAL LAW
LAW OF NATIONS
BODY OF ORGANIZATION DETERMINING THE CONDUCT BETWEEN
NATIONS AND STATES
TREATIES, CONVENTIONS
COMMERCIAL CONTRACTS
UNITED NATIONS
WORLD COURT
ADDITIONAL LAWS
PUBLIC LAW
MARITIME LAW
ADMIRALTY LAW
CIVIL LAW
COMMON LAW
EQUITY LAW
DOMESTIC LAW
INDEPENDENT NATION
THE BODY OF LAWS THAT REGULATE THE CONDUCT AND AFFAIRS
OF THE INDIVIDUAL NATIONS GOVERNMENTS (SOVEREIGNTY)
CONSTITUTION
FEDERATED OR UNITED REPUBLICS
THE BODY OF LAWS THAT REGULATE THE CONDUCT AND AFFAIRS
OF THE FEDERATED OR UNITED REPUBLICS (STATES)
CONSTITUTION
STATES CONSTITUTION
THE BODY OF LAWS THAT REGULATE THE CONDUCT AND AFFAIRS OF THE STATE
CONSTITUTION
ADDITIONAL LAWS APPLIED TO DOMESTIC GOVERNMENT
PUBLIC LAW
MARITIME LAW
ADMIRALTY LAW
CIVIL LAW
COMMON LAW
EQUITY LAW
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CIVIL CODE
PENAL CODE
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GOVERNMENT PROFILE
THE LAWFUL GOVERNMENT OF HAWAII
HAS RETURNED FROM EXILE
Hawaii was an independent nation that had diplomatic and commercial ties with countries
around the world prior to its unlawful coup detat in 1893 and subsequent annexation by the
United States in 1898. The lawful government of Hawaii was never destroyed. It was never
formally dissolved in an official act of law. Hawaii will be an independent nation again.
Queen Liliuokalani, the constitutional monarch of Hawaii at the time of the overthrow, never
consented to the occupation of the United States. Her subjects never consented to foreign rule.
The lawful Hawaiian Government remained in a state of exile. Until March 13, 1999, when a
government pro tem was established in accordance with public international law and Hawaiian
Kingdom domestic law. This reestablished government fulfilled the position of obligation taken
by the United States of America in U.S. Public Law 103-150. This temporary government had
one purpose: REINSTATE THE LAWFUL GOVERNMENT OF HAWAII.
Notices were sent to several countries proclaiming Hawaii's intent to reinstate its government de
jure. A citizenship drive was conducted amongst all the residents of the Hawaiian Islands in order
to identify a distinct population. The voting districts of the Kingdom of Hawaii were reinstituted
and the eligible voters elected a legislature on November 6, 1999. In March of 2000, this
legislature amended the Hawaiian Kingdom Constitution that was left in suspension for the last
107 years. The citizens ratified this amended constitution in a plebiscite on April 29th.
Applications to the Office of the Prime Minister and the Executive Cabinet were actively
solicited. The qualified nominees to these offices were confirmed by the Legislature.
The reinstatement process is nearly complete. The citizens of this nation will peaceably claim
their countrys inherent right to exist
JUSTIFICATION IN LAW
The truth and its applications in law.
God hath made of one blood all nations of men to dwell on the earth in unity and blessedness.
the first line of The Declaration of Rights, Both of the People and Chiefs (1839), regarded as
the Hawaiian equivalent to Englands Magna Carta.
Hawaii was, by right and definition, an independent nation. To understand the application of
laws that obliges the U.S. and the countries of the world to observe the emergence of Hawaiian
nationhood, there are points in fact and points in law that must be acknowledged first.
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Elements of a Nation
There are four conditions to qualify as a nation: Territory, Population, Sovereignty, and
Government. These are accepted standards that are articulated in public international law. Before
it was annexed to the United States, the Kingdom of Hawaii fulfilled these qualifications.
Without a document from the lawful Hawaiian Government consenting to U.S. occupation,
the cession of the Hawaiian Islands to the United States depended on the removal or
obfuscation of these four conditions of nationhood.
GOVERNMENT was the first to be suspended: the monarch was removed and the parliament
emptied. This separated the citizenry from their elected representatives and impaired their ability
to exercise their political authority, their SOVEREIGNTY. The absence of a chief executive and
a legislative body made it possible for the government of the annexationists to convey control of
the islands to America, thereby reclassifying the entire Hawaiian POPULATION as U.S.
nationals.
It is the unconfirmed status of the final condition, TERRITORY, that revealed the imperfect
claim the United States has on the Hawaiian Islands.
And it was shown for all the world to see in 1993.
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MANIFESTATION OF AUTHORITY
BUILDING A NATION, ONE STEP AT A TIME.
Proof can be had from the works on the natural law that liberty and independence belong to
man by his very nature, and that they can not be taken from him without his consentBut the
whole body of the Nation, the State, so long as it has not voluntarily submitted to other men or
other Nations, remains absolutely free and independent.
- The Law of Nations (1758)
Having learned the hidden significance of the U.S. apology resolution, KAONA, an affiliation of
private citizens dedicated to teaching all laws relevant to nationhood, was created in June of
1996. Its primary goal was to educate the public to a process described in public international
law used to restore nations which have suffered from foreign invasion and conquest.
The members of KAONA gave presentations in every district of Hawaii. The process they
advocated was described in The Law of Nations, a text on international jurisprudence. This book
was used by the framers of the American Constitution during its composition. The missionary
William Richards taught the law of nations to King Kamehameha III in 1839. KAONA would
teach these laws to all who attended their presentations.
Foremost among these principles was that all nations, like people, enjoy and exercise rights, and
are bound to observe the obligations corresponding to such rights. Specifically, a nation has an
obligation to preserve and perfect its own existence and must exercise rights to that end. In order
to revive the authority that lay suspended for more than a century, the descendants of the
founders of the Kingdom of Hawaii had to reclaim the proper status of nationhood.
Individual kanaka maoli came from every island to participate in a series of conventions
dedicated to raising a government identical to the one overthrown. It was hoped that enough
people would volunteer to temporarily occupy the high offices of the legislative, executive and
judicial branches.
This would accomplish two objectives: confirm the status of being the proper claimant to
nationhood, and lay the groundwork to naturalize all those who were willing to become citizens.
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pro tem.
With this temporary government of volunteers in place, these fifty-six officers formally agreed to
not exercise any of the powers of their offices. Their sole responsibility was to sign up all those
residents of Hawaii who were willing to abandon their current nationality and become citizens
of the Kingdom of Hawaii.
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The legislators and citizens primary responsibility was to address this concern by updating the
Hawaiian Kingdom Constitution for the first time in 113 years.
GOVERNMENT DE JURE
PRESERVED IN LAW BY OUR ANCESTORS.
PERFECTING ITSELF FOR OUR DESCENDENTS.
Whereas the Kingdom of Hawaii, having been in exile for one-hundred seven years due to an
unlawful overthrow of its government de jure, has exercised perfect right to reestablish its proper
station as an independent nation within the community of nations.
The Preamble of the Hawaiian Constitution of 2000.
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Allowing the citizens, rather than the legislature, to elect the Prime Minister
Inserting direct democracy into the legislative procedure of passing laws of the land
Extending the right to vote to women
Extending the right to vote to individual citizens who are not landowners
Removing the monarchs Privy Council, but retaining the Executive Cabinet Ministers
Reserving the right to retrieve the Kingdoms public laws placed into suspension 107
years ago
Formally naming the legislature the Mana Kau Kanawai (the body empowered to make
laws)
Referring to the nation as Hawaii
Reserving the ability to introduce and ratify additional amendments to the constitution
Copies of this final draft were supplied to each legislator for distribution to the citizens. The
ratification of this constitution would not be done solely by the Legislature. It was agreed that the
Amended Hawaiian Constitution of 2000 would be ratified by the citizens in a plebiscite vote.
On Saturday, April 29, 2000, the Ratification Vote of 2000 was held in every district of the
Hawaiian Islands. A winning majority needs two-thirds of the total number of voting districts.
That would currently require no less than sixteen districts.
The Amended Hawaiian Constitution of 2000 was passed with a majority of twenty districts in
favor of ratification and four districts against. With an approved constitution, the people of the
nation known as Hawaii are now in the process of fulfilling the laws within it. The first priority
was to complete the other two branches of government.
Applications to the Office of the Prime Minister were considered. All applicants to the office
were required to appear before a review committee established by the legislature to determine if
they met the necessary qualifications. One person emerged with the confidence of the committee.
The findings of the committee were forwarded to the full legislature.
On June 17, 2000, the legislature declared Henry Noa the uncontested winner and swore him in
as the Prime Minister of the Kingdom of Hawaii. On July 23, 2000, the Prime Minister
appointed individuals to his Executive Cabinet.
The immediate goal of this re-emerging government is to notify the general public of its intent to
exercise its rights. To this end, several three-day long Nationwide Demonstrations have been
conducted simultaneously on the five major Hawaiian Islands in October & November of 2000
and in January and March of 2001.
In May of 2001, five officers of the Reinstated Hawaiian Government attended the week-long
Asian Development Banking Conference held in Honolulu. Their objective was to inform the
delegates of the 53 member nations of the national reinstatement process underway in Hawaii.
In August 2001, the national legislature of the Reinstated Hawaiian Nation passed the
reclamation notice, which formally lays claim to all land and personal property possessed by the
nation prior to its overthrow in 1893. This resolution was reprinted in its entirety in the
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September 9, 2001 Sunday edition of the Honolulu Advertiser, formally notifying the general
public that the Reinstated Hawaiian Government is the true and rightful owners of the national
lands of the Hawaiian archipelago.
To further demonstrate the consequences of this historic resolution, a Vigil for Justice and Peace
was held from November 2 to November 9, 2001. Sixteen sights were erected on state and
county properties throughout the island chain without any permits. The vigil was conducted
peaceably for the entire week. Since then, more vigils have occurred on a monthly basis. These
vigils have gained the attention of the local media and international human rights advocates.
On August 31, 2003, the Reinstated Hawaiian Kingdom publicly published its formal notice of
initiating the transition of political authority and jurisdiction from the United States. Appearing
in the newspaper with the largest circulation in the Hawaiian Islands, it warned that all acts of
aggression done against it would be considered violations of international law in accordance with
the Universal Declaration of Human Rights.
With the formal release of this public notice, the stage is finally set to exercise personal rights
reserved to our citizens as authorized by our government.
The world will witness the reemergence of this sovereign nation.
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has a choice to make: continue your allegiance to the U.S. or apply for naturalization to this
nation. If you want to participate in this government, you have to renounce your current
citizenship. The Hawaiian government does not tolerate dual citizenship. Choose a country and
be loyal to it.
What is the lawful Hawaiian Government trying to achieve?
The purpose of this government is to reinstate Hawaii as an independent nation. To this end,
several nationwide efforts were conducted: public notice of the reinstatement initiative, a
citizenship drive, revival of the nations voting districts, a parliamentary election, a constitutional
convention, a plebiscite on ratifying the proposed constitution and the installation of a Prime
Minister and the officers of the Executive Cabinet.
If I support this process, whats in it for me?
You will have the satisfaction of doing the right thing. The State of Hawaii presides in Hawaii
under the authority of force (maintained by the well armed United States of America). Only the
inherent sovereignty of Hawaii can preside in these islands under the authority of law. By
participating as a citizen or by lending your support, you are restoring the lawful body politic of
these islands to power.
What makes you the Lawful Hawaiian Government?
The persons that last occupied the offices of this government were Queen Liliuokalani and her
cabinet (the executive branch), the Kingdom Legislature (the legislative branch), and the
Kingdom Supreme Court (the judicial branch).
While the overthrow and annexation removed them from office, it did not destroy the offices.
The law of nations state that an invading country cannot dissolve the government of the
conquered country, it can only put that government in exile. So the offices have been vacant for
one hundred and seven years. When this truth was discovered, the educational group KAONA
went to every community to share this information.
The 1893 Protest Letter of Liliuokalani was an application of international law that preserved
the right of her people to re-establish the government that was overthrown. The Memorial
Petition of 1897 signed by 38,000 Hawaiian citizens proved that they never consented to U.S.
annexation. The lawful Hawaiian Government is acknowledged and recognized in paragraph 29
of U.S. Public Law 103-150 as the inherent sovereignty of Hawaii.
By what authority can you do this?
The same authority that Washington, Madison, Adams, Franklin and Hamilton used in founding
the United States of America: the Law of Nations. The U.S. Constitution states its observance of
these laws in Article I, Section 8, Clause 10. Since it also abides by the law of nations, the
Hawaiian Constitution extols the same virtues as the United States.
What separates the lawful Hawaiian Government from all the other sovereignty groups?
We are not a sovereignty group. We are manifesting the nation that rightfully presided over the
Hawaiian Islands before its government was overthrown. The governments proposed by groups
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such as Ka Lahui Hawaii, Aha Hawaii Oiwi, and the Nation of Hawaii were devised in
charters composed in the last twenty years. The lawful Hawaiian Government was established in
1840 by King Kamehameha III.
So what about the State of Hawaii government?
The state government is what is known as a government de facto (government in fact). This type
of government presides legitimately over a territory and its population in the absence of the
government de jure. A government de facto has less authority than the government de jure. When
the lawful government returns from exile, the government de facto no longer has legal authority.
So this is secession?!
No. Only the legislature of the State of Hawaii can authorize secession from the United States.
A reinstated and independent Hawaii requires no U.S. congressional consent to exercise its
authority. We wont be submitting a bill of secession to the U.S. government. We dont need to.
And the U.S. knows it.
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A DECLARATION
BY THE REPRESENTATIVES OF THE
INHERENT SOVEREIGNTY OF THE HAWAIIAN KINGDOM
MARCH 13, 1999
KE AKUA has created all things in Heaven and on Earth, ... e hiki mai kou
aupuni; e malama ia ho'i kou makemake, e like me ia na po'e kuhiko, i ke ali'i, i ka hu, i ka
maka'ainana, i na aumakua, i na kupuna ho'i ma ka lani, pela ho'i ma ka honua nei. (...
of the people of old, the chiefs, the masses, the commoners, the guardians of old, and all the
elders.)
WE, the descendants of the aboriginal inhabitants of these islands, known in our
mother tongue as Kanaka Maoli o Hawai'i Nei, hereby proclaim the establishment of an
interim provisional government on this day to exercise the perfect right reserved to the de
jure exiled Hawaiian Government according to the principles of international public law.
The reinstatement of this body politic, which possesses the inherent sovereignty of Hawai'i,
ends the wrongful usurpation of the Hawaiian islands by the United States of America. It
will resume the powers entitled to all free and independent nations by the laws of nature
and by nature's God.
A decent respect to all human beings requires a declaration of the causes which
led to this action.
On January 17, 1893, the free and independent Kingdom of Hawai'i and its
inherent sovereignty was unlawfully and forcibly overthrown by a small group of
conspirators with the aid of the United States Minister to the Hawaiian Islands and the
armed forces of the United States Navy.
In response to this act of war, the reigning sovereign monarch, Queen
Liliuokalani, wrote a protest letter objecting to this United States sanctioned insurrection
and demanding the removal of the invasion force, therefore reserving the perfect right
under international law to reinstate the de jure sovereignty of Hawai'i.
Acknowledging this act of war and admitting its role in this direct violation of
international law committed one hundred years prior, the United States of America
apologized for its participation in the unlawful overthrow of the Hawaiian Kingdom. The
joint resolution to acknowledge and to offer an apology for the overthrow of the Kingdom
of Hawai'i was signed into law by the United States President William Jefferson Clinton
and the 103rd United States Congress on November 23, 1993. Known as United States
Public Law 103-150, 107 stat 1510, this joint resolution recognizes the illegal actions of
their agents and citizens in the conspiracy against the de jure independent Hawaiian
Kingdom and its sovereign monarch, Queen Liliuokalani.
WE, THE KANAKA MAOLI, therefore, acknowledge and reserve the perfect
right to proceed with all due diligence to fulfill the perfect obligation of the United States of
America's Public Law 103-150, 107 stat 1510. We will exercise the natural rights accorded
to all governments of de jure status. We will proceed to a free and open election whereby
the citizens of the inherent sovereignty of Hawai'i will select their representatives to serve
in the permanent and de jure legislature of Hawai'i. We will resume the stewardship of our
economy and engage in international commerce. We will peaceably claim dominion over
our national lands from the occupation of the United States government and the de facto
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State of Hawai'i government. We will ensure the social and political rights of all residents of
Hawai'i, both its naturalized citizens and those claiming allegiance to governments abroad.
We will be faithful to the principles of international law.
Appealing to the Supreme Judge of the world for the rectitude of our intentions,
we do, in the name of our sovereign ancestors and our sovereign descendants, solemnly
publish and declare, that the lawful, de jure government of the Hawaiian islands has
returned from exile to assume its place among the community of free and independent
nations. To this grand endeavor, we pledge our lives, our fortunes, and our sacred honor.
Mahalo Ke Akua.
Signed by the representatives assembled, and from this day forward, we shall be known as
Hawai'i.
LEGISLATIVE BRANCH
HOUSE OF
HOUSE OF NOBLES
REPRESENTATIVES
HAWAI'I
HAWAI'I
SAMUEL H. KALELEIKI, JR.
HENRY TAMPON
LAURENCE L. CACABELOS, SR.
ANDREW IAUKEA BRIGHT
ROGER JAMES
KINGSTON KEANU CORREA
SAMUEL KEOLAMAULOA KALUNA, JR.
(DISTRICT 1)
(DISTRICT 2)
(DISTRICT 3)
(DISTRICT 4)
(DISTRICT 5)
(DISTRICT 6)
(DISTRICT 7)
ANTONE MEDEIROS
EUGENE KEKANE PA
GEORGE EDWARD PUAOI
O'AHU
KEALI'I MAKEKAU
EASTON KA'ANAPU
JOHN E. LINDSEY
PAUL MAUNA KAUHANE
PHILIP KEALI'IMAIKAI HANOHANO
WALTON KEALOHILANI ENOS
HENRY KEALOHILANI ENOS
ABREU ROY CORREIA
O'AHU
(DISTRICT 1)
(DISTRICT 2)
(DISTRICT 3)
(DISTRICT 4)
(DISTRICT 5)
(DISTRICT 6)
(DISTRICT 7)
(DISTRICT 8)
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MICHAEL R. VASQUEZ
CARLETON G. KA'ANAPU
JOSEPH W.K. NAHINU, JR.
ROBERT K. BONER
TIMOTHY L. BONER
ERIC PO'OHINA
PETER K. HANOHANO
TIMOTHY GEORGE N. HANOHANO
GREGORY L. TIM SING
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EXECUTIVE BRANCH
JOHN KEKOA LAKE
KAHELELANI DUVAL
LEO CARDIA ENOS
DONNA HANOHANO-MEDEIROS
SHEILA KAHALEPAUOLE
JUDICIAL BRANCH
MAXIMIN KANOHOWAILUKU KOKO
ROBERT KUNUIAKEA HANOHANO
ARTHUR KEAWE KALEIKINI
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PUBLIC NOTICES
This reclamation of all properties and chattel notice appeared in the Sunday, September 9 th, 2011
edition of the Honolulu Advertiser on page A29. It called for any objections by persons,
organizations, or government agencies to the claim of ownership made by this reinstated
government upon the national lands of the Hawaiian archipelago. The national lands include, but
are not limited to, all U.S. federal, state, and county properties.
NOTICE
FROM THE REINSTATED SOVEREIGNTY OF
THE KINGDOM OF HAWAII
TO RECLAIM ALL PROPERTIES AND CHATTEL OWNED BY THE
KINGDOM OF HAWAII PRIOR TO JANUARY 17, 1893.
WHEREAS, on January 17, 1893, the government de jure of the peaceful, sovereign nation
known as the Kingdom of Hawaii was unlawfully overthrown in a coup detat by
insurrectionists with the aid of the U.S. Minister to Hawaii and a detachment of U.S. Marines,
effectively undermining the lawful political authority of the Hawaiian Islands and severing its
ability to exercise control over its national lands;
WHEREAS, on July 7, 1898, control of the national lands of the Kingdom of Hawaii was
illegally conveyed to the United States from the government de facto of the insurrectionists;
WHEREAS, in the year 1993, the United States Government passed Joint Resolution Public Law
103- 150, Stat. 1510, acknowledging and confessing to illegally overthrowing the Kingdom of
Hawaii, violating international law, and unlawfully accepting those national lands which are
owned by the inherent sovereignty of Hawaii;
WHEREAS, on March 13, 1999, the inherent sovereignty of Hawaii was reinstated in
accordance with International Public Law, U.S. Public Law and Hawaiian Kingdom Domestic
Law;
WHEREAS, the government de jure of Hawaiian Nation has manifested perfect right to exercise
the rule of postliminium in accordance with international public law;
Be it ordained and enacted by the Legislature of Hawaii:
That the government de jure of the Hawaiian Kingdom possesses the authority to reclaim any
and all land within its territorial boundaries. This reclamation shall extend to those real
properties, upon lands both public or private, that belonged to the Hawaiian Government and the
Crown prior to January 17, 1893.
That the government de jure of the Kingdom of Hawaii possesses the authority to reclaim any
and all chattel properties belonging to the lawful Hawaiian nation.
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That the Lawful Hawaiian Government shall proceed to inventory all national lands.
That the reinstated Hawaiian nation shall assess and categorize all real property upon the national
lands for future usage.
That the Lawful Hawaiian Government reserves all rights to determine the use of all real
properties within its national lands.
The reinstated lawful government of Hawaii retains the right to claim income earned from the
use of its national lands. All intercessions upon this claim by any foreign government,
corporation or persons will be regarded as a violation of international law. All objections to the
foregoing must be posted no later than October 8, 2001 to the Office of Communications at P.O.
Box 2236, Honolulu, HI 96804. Thereafter all objections will be deemed waived.
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This transition of political authority notice appeared in the Sunday, August 31 st, 2003 edition of
the Honolulu Advertiser on page A23. This notice publicly pronounces the intent of the
government of the Reinstated Hawaiian Kingdom to initiate the transition of political authority
and jurisdiction. It also warns that all acts of aggression done against the officers, citizens, and
affiliates of this government will be considered violations of international law in accordance with
the Universal Declaration of Human Rights.
NOTICE
FROM THE REINSTATED SOVEREIGNTY OF
THE KINGDOM OF HAWAII
TO INITIATE THE TRANSITION OF POLITICAL AUTHORITY
AND JURISDICTION OVER THE HAWAIIAN ISLANDS
WHEREAS, Hawaii Nei was the birthplace of the Hawaiian people (Na Kanaka Maoli), and the
land where their spiritual, cultural, and political identity was created;
WHEREAS, it is the natural right of the Hawaiian people to be masters of their own fate, like all
other nations, in their own sovereign nation;
WHEREAS, this right was articulated in the 1893 protest letter of Queen Liliuokalani to the
U.S. President and reaffirmed in 1993 by the U.S. government in its Joint Resolution Public Law
103-150, Stat 1510;
WHEREAS, on March 13, 1999, the inherent sovereignty of Hawaii was reconstituted as a
government in accordance with international public law and Hawaiian Kingdom domestic law;
WHEREAS, soon thereafter, a Writ of Proclamation was issued by this government to inform the
general public and the international community of the Hawaiian governments intent to reinstate
its nation;
WHEREAS, on September 9, 2001, this government publicly stated its goal in the newspaper
with the largest circulation in the Hawaiian Islands to reclaim all properties and chattel owned
prior to its overthrow on January 17, 1893;
WHEREAS, no objections to these declarations were filed by the United States government, the
State of Hawaii government, the County governments, nor any corporate entities, either private
or public;
WHEREAS, the government de jure of the Kingdom of Hawaii has manifested perfect right to
exercise the rule of postliminium in accordance with international public law;
WHEREAS, this reinstated Hawaiian government has once again achieved those conditions
necessary under international law to acquire the status of nationhood;
Be it ordained and enacted by the Legislature of Hawaii:
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That the government de jure of the Kingdom of Hawaii hereby initiates the transition of political
authority and jurisdiction over the Hawaiian archipelago from the government of the United
States of America and its subordinates, the governments of the State of Hawaii, the County of
Kauai, the County of Maui, the County of Hawaii and the City & County of Honolulu.
That this Public Notice serves as the official pronouncement to all residents of the Hawaiian
Islands and to the international community, reiterating the spirit of the Writ of Proclamation of
1999.
That, as of this day, the lawful government of Hawaii hereby claims jurisdiction over all
properties real and chattel within its national boundaries in accordance with international laws
and Hawaiian Kingdom laws.
Let it be known to all that our citizens have renounced their United States citizenship in order to
claim nationality under the jurisdiction of the Hawaiian Kingdom government. This right to
naturalization is reserved in international law and Article 15 of the Universal Declaration of
Human Rights. Our citizens are bound by the laws of the reinstated Hawaiian Kingdom.
CAVEAT
Any and all persons public or private, corporate or government will be held liable in their public
and/or private capacities for any and all acts of suppression, oppression, impediment or
hindrance against the government officials of the lawful Hawaiian Kingdom, its citizenry, and
affiliates. Any such actions taken shall constitute a violation of the basic human rights of liberty
and freedom in accordance with international law and the Universal Declaration of Human
Rights (preamble, articles 1 and 2).
WRIT OF PROCLAMATION OF 1999
KNOW ALL YE NATIONS, STATES, AND PERSONS: On March 13, 1999 a provisional
government dedicated to the reinstatement of the de jure inherent sovereignty of Hawai'i has
been established.
DUE TO the January 17th, 1893 act of war by conspirators with the support of the united states
minister and armed unites states marines, the sovereign, independent kingdom of Hawai'i was
unlawfully overthrown. Exercising the perfect right to preserve her nation's existence in
perpetuity, Queen Lili'uokalani issued a protest letter against all actions done to the de jure
inherent sovereignty of Hawai'i. Since that day, the de jure Hawaiian government and sovereign
nation has remained in a state of suppression and impairment until such time that the aboriginal
descendants reinstate the Lawful Hawaiian Government in accordance with universal laws, the
principles of natural law, and the law of nations.
FURTHERMORE, in 1993, the Congress and President of the United States signed a joint
resolution (public law 103-150, 107 stat 1510) to acknowledge the overthrow of the Kingdom of
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Hawai'i, that states "the indigenous Hawaiian people never directly relinquished their claims to
their inherent sovereignty as a people or over their national lands to the United States, either
through their monarchy or through a plebiscite or referendum".
THEREFORE, the temporary Hawaiian government accepts the perfect obligation of public law
103-150, 107 Stat 1510, and shall proceed to exercise internal and external affairs of nationhood.
WHEREAS, it is the intent of this temporary Hawaiian government to acquire permanent, de jure
recognition status and rejoin the community of nations. A free and open election for the residents
of Hawai'i will occur before December 31, 1999.
WE ARE EAGER to correspond with the governments of all nations, and begin diplomatic
relations.
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KINGDOM OF HAWAII
Approved by the
Legislative Assembly of the
Kingdom of Hawaii
at its
Constitutional Convention of
March 10, 11 & 12, 2000
and
Ratified by the Citizenry
in a Nationwide Plebiscite
on April 29, 2000
With Amendments Ratified And Implemented
On April 14, 2001 and April 3, 2004
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All people residing in Hawaii are free to worship God according to the dictates of
their own consciences.
Section 2. Political Rights.
All people residing in Hawaii are free to speak, write, and publish their sentiments
on all subjects, being responsible for the abuse of that right.
All people residing in Hawaii shall have the right, in an orderly and peaceable
manner, to assemble, without arms, to consult upon the common good, and to petition the
Government for redress or grievances.
Every citizen residing in Hawaii has the right to freedom of expression, which
includes: freedom of the press and other media, freedom to receive or impart information or
ideas, freedom of artistic creativity, academic freedom and scientific research. These rights
do not extend to propaganda for war; advocacy of hatred based on race, ethnicity, gender or
religion; or that which constitutes incitement to cause harm.
Section 3. Civil Rights
Every eligible voter shall be encouraged to cast his or her vote in any and all
governmental elections.
Every citizen who shall have attained to the age of eighteen years and is a current
resident shall be eligible to vote for the Nobles of their moku and the Representative of their
respective districts.
The following persons shall not be permitted to register for voting, to vote, or to hold
office under any department of the government, or to sit in the Legislature namely: Any
person who is not a citizen, who is insane or an idiot, or any person who shall have been
convicted of any of the following named offenses, to wit: arson, barratry, bribery, burglary,
counterfeiting, embezzlement, felonious assault, forgery, gross cheat, incest, kidnapping,
larceny, malicious burning, manslaughter in the first degree, murder, perjury, rape, robbery,
sodomy, treason, subornation of perjury, and malfeasance in office, unless he or she shall
have been pardoned by the Legislature and restored to his or her civil rights, and by the
express terms of his or her pardon declared to be eligible to offices of trust, honor, and profit.
The Legislature shall establish civil law necessary to conduct all governmental
elections.
The privilege of the writ of the habeas corpus belongs to all men and women, and
shall not be suspended, unless by the Prime Minister, when in case of rebellion or invasion,
the public safety requires its suspension. The duration of this suspension is not to exceed
seven days without the approval of the Legislature. Extended suspension shall be no longer
than absolutely necessary for the protection of public safety with regard to the purpose for
which the suspension was originally enacted.
Involuntary servitude, except for crime, is forever prohibited in this Nation.
The military shall always be subject to the laws of the land, and no soldier shall in
time of peace be quartered in any house without the consent of the owner, or in time of war
but in a manner prescribed by the Legislature.
Every citizen has the right to be secure from all unreasonable searches and seizures of
their person, their house, their papers, files and effects; and no one may be deprived of
property except in terms of general law application, and no law may permit arbitrary
deprivation of property. No warrant shall issue, except on probable cause where there is
substantial reason to believe there is illegal activity or a threat to public health and safety, or
national security, supported by oath or affirmation, and describing the place to be searched,
and the person or things to be seized. No property may be permanently seized except upon
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legal conviction of a crime involving that property unless required for reasons of public
health, safety, or national security.
The citizens of the Nation shall have the right to bear arms for self-defense and to
support subsistence; this right to bear arms does not extend to the use of these arms for
purposes detrimental to public safety, health and well being, or to the destruction of public or
private property.
ARTICLE III. The Rights and Obligations of Government.
The supreme authority of the nation in its exercise is divided into the executive,
legislative, and judicial; these shall always be preserved distinct, and no executive or judicial
officers, or any contractor or employee of the Government, or any person in the receipt of
salary or emolument from the Government, shall be eligible to election to the Legislature, or
to hold the position of an elective member of the same. And no member of the Legislature
shall, during the time for which he or she is elected, be appointed to any civil office under the
Government.
The Government will review, amend, enact and execute the civil and penal laws of
the Hawaiian Kingdom to serve as the domestic laws of Hawaii.
No officer of this Government shall hold any office or receive any salary from any
other government or power whatever.
Section 1. The Office of the Monarch.
The Monarch shall serve the nation as a symbol of the constitutional monarchy and
the government of Hawaii. The Monarch shall have no Power of State. The Office of the
Monarch is removed from the Executive Branch of this Government.
No person except a repatriated citizen of Hawaii who is of aboriginal Hawaiian
ancestry, has attained to the Age of thirty-five years and is a resident shall be eligible to the
Office of the Monarch.
The Monarch will be elected by the citizens of Hawaii. The term of the Office of the
Monarch is five years. No person shall be elected to the Office of the Monarch more than
twice. In the event of the removal of the Monarch from the Office, or of his or her death,
resignation or inability to perform the duties of the said office, a successor will be appointed
by the Legislature to serve the remainder of the term.
It is the duty of the Monarch to serve as the Special Representative for Cultural
Affairs for the citizens and government of Hawaii. The Monarch will oversee all public
efforts within this nation towards the Reclamation and Preservation of the aboriginal
Hawaiian culture.
The Monarch will consult on legislative acts that pertain to Hawaiian cultural issues.
The Monarch will be consulted on appointments to committees tasked with matters of
cultural affairs by the Legislature. The Monarch shall appoint a secretary to assist him or her
in the duties of the said Office.
The Monarch must observe and uphold all laws of Hawaii. The Monarch is installed
by means of an inaugural ceremony where he or she must take an oath of fidelity to the
nation. The person elected to the Office of the Monarch shall make the following oath: I
solemnly promise, in the presence of Almighty God, to abide by the articles of the
constitution of Hawaii, and to serve the citizens of this nation in conformity therewith.
No person shall be eligible for the Office of the Monarch who has been convicted of
any infamous crime, or who is insane, or an idiot.
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The Legislature establishes the compensation owed to the occupant of the Office of
the Monarch, and that Offices secretary.
The Legislature sets the budget of the Office of the Monarch. The Monarch will
submit a proposed budget for the following year to the Legislature every previous June.
The expenses of every annual budget will be audited by a qualified financial officer
from the Department of Finance.
Section 2. The Executive Branch - The Office of the Prime Minister
The executive authority of the nation shall be vested in a Prime Minister. No person
except a repatriated or natural-born citizen of Hawaii of aboriginal Hawaiian ancestry who
has attained to the age of thirty-five years and is a resident shall be eligible to the Office of
the Prime Minister. It is required that the Prime Minister be learned in the usage of the law
of nations.
The citizens of Hawaii shall elect the Prime Minister. Each term of office shall be
four years. The House of Representatives and the House of Nobles shall establish the
qualifications and verification process for all candidates to the Office of Prime Minister. The
Legislature shall establish an Executive Review Committee to review all potential candidates
and make their recommendations for the placement of the nominees on the ballot.
The Prime Minister supervises the administration of the affairs of state and the affairs
of the government. The Prime Minister, with the aid of the Ministers of the Cabinet, shall
perform the following functions: Conduct foreign affairs; Administer the law faithfully and
manage domestic affairs of state; Supervise programs safeguarding the national lands;
Prepare the budget of the executive branch for review by the Legislature; and Oversee all
defense efforts, civil and otherwise. To pursue these respective goals, the Prime Minister
will be aided by a Minister of Foreign Affairs, an Attorney General, and a Minister of the
Interior, a Minister of Finance, and a Minister of Defense.
The Cabinet Ministers shall be nominated by the Prime Minister and receive their
commission from the Legislature. The Prime Minister will decide on the recommendations
of his or her ministers with regards to the Foreign Ministers of the Diplomatic Corps, the
Marshal and Sheriffs of Law Enforcement, Assistant Ministers of the Interior, the Assistant
Ministers of Finance and the Officers of the Defense Department, both Civil and Military.
Only those residents who are repatriated or natural-born citizens of aboriginal Hawaiian
ancestry are eligible to hold the Offices of the Executive Cabinet. A minister shall be
removed by the Prime Minister only upon a vote of want of confidence passed by a majority
of all the elected members of the Legislature, or upon conviction of a felony.
Before he or she enter on the execution of the Office, the Prime Minister will take the
following Oath: I do solemnly promise, in the presence of Almighty God, that I will
faithfully support the Constitution of Hawaii, and conscientiously and impartially discharge
my duties as the Prime Minister of Hawaii. The Cabinet Ministers shall take a similar oath
respective to their offices.
The Prime Minister and the Executive Cabinet, for the term or terms of service to
their country, shall receive a compensation from the People, which shall be defined by the
Legislature and paid out of the national treasury. This compensation shall neither be
increased nor diminished during their term or terms in office, and they shall not receive any
other payment within that period made in deference to their high offices. No individual who
holds office in the executive branch may hold another position in the government and receive
income for such for the duration of his or her service. On the first day of each biennial
session, the Prime Minister shall present to the Legislature, in the name of the Government,
the financial budget.
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The Prime Minister and all officers of the executive branch shall be removed from
office on impeachment for, and conviction of, Treason, Bribery, or Violations of the law of
nations. Each member of the Cabinet shall keep an office at the seat of government, and
shall be accountable for the conduct of his or her deputies and clerks.
The Prime Minister, upon entering office, will state the preference as to which of the
Cabinet Ministers shall succeed as acting Prime Minister in the event that the Prime Minister
cannot fulfill his or her incumbency. On the occasion of the inability of the Prime Minister
to discharge the duties of the office, or of his or her death, resignation, or removal, the
Legislature may by law declare which Executive Cabinet Minister shall act as Prime
Minister, and such officer shall act accordingly, until the disability be removed from the
Prime Minister or a new Prime Minister be elected.
The Prime Minister is the commander in chief of the army and navy, and of all other
military forces of the nation, by sea, air and land. But, he shall never proclaim war without
the consent of the People via the Legislature: and no military or naval force shall be
organized except by the authority of the Legislature.
The Prime Minister, by and with the advice and consent of the cabinet, has the power
to grant reprieves and pardons, after conviction, for all offenses, except in case of
impeachment.
The Prime Minister has the power to make treaties. Treaties involving changes in the
tariff or in any law of the nation must be referred for approval to the Legislature. The Prime
Minister appoints public ministers, who shall be commissioned, accredited, and instructed
agreeably to the usage and law of nations.
It is the Prime Ministers prerogative to receive and acknowledge public ministers; to
inform the Legislature of the state of the nation and to recommend to its consideration such
measures as he sees necessary and expedient.
The Prime Minister, in case of invasion or rebellion, can place the whole nation, or
part of it, under martial law.
Section 3. The Legislative Branch
Of the Mana Kau Kanawai. The legislative authority of the nation is vested in its
legislative assembly known as the Mana Kau Kanawai. It shall consist of two separate
Houses --- The House of Nobles and the House of Representatives. It shall assemble,
biannually, in the month of January. The first regular session shall be held in the year of our
Lord two thousand one.
This legislature shall choose its own officers and determine the rules of its own
proceedings. It may punish its own members for disorderly behavior.
Before assuming office, every legislator shall take the following oath: I do solemnly
promise, in the presence of Almighty God, that I will faithfully support the constitution of
Hawaii, and conscientiously and impartially discharge my duties as a member of the
Legislature.
In the event that a legislative office is vacated, the Legislature shall elect a citizen
from the respective moku or district to serve in the vacated office until the next governmental
election.
The Mana Kau Kanawai convenes at the seat of government in Honolulu, or at a
different place, if that should become insecure from an enemy or any dangerous disorder.
The Prime Minister may, in any great emergency, convene the Legislature in extraordinary
session.
No person shall sit as a noble or representative in the Legislature unless elected under
and in conformity with the provisions of this constitution.
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The Legislature shall be the judge of the qualifications of its own members, except as
may hereafter be provided by law.
The Legislature is empowered to coin money and regulate the currency by law. This
currency will be backed by a commodity. This power is not transferable to any other entity.
The Legislature shall have authority to punish by imprisonment not exceeding thirty
days every person not a member who shall be guilty of disrespect to the Legislature by any
disorderly or contemptuous behavior in its presence; or who, during the time of its sitting,
shall publish any false report of its proceedings or insulting comments upon the same; or who
shall threaten harm to the body or estate of any of its members for anything said or done in
the Legislature, or who shall assault any of them therefore; or who shall assault or arrest any
Witness or other person ordered to attend the Legislature on his way going or returning; or
who shall rescue any person arrested by order of the Legislature.
No subsidy, duty, or tax of any description shall be established or levied without the
consent of the Legislature; nor shall any money be drawn from the public treasury without
such consent except when the sessions of the Legislature, the emergencies of war, invasion,
rebellion, pestilence, or other public disaster shall arise, and then not without the concurrence
of all the cabinet; and the minister of finance shall render a detailed account of such
expenditure to the Legislature.
The Legislature shall keep a journal of its proceedings, and the yeas and nays of the
members on any question shall be entered into the journal.
The members of the Legislature shall in all cases, except treason, felony, or breach of
the peace, be privileged from arrest during their attendance at the sessions of the Legislature,
and in going to and returning from the same; provided such privilege as to going an returning
shall not cover a period of over twenty days; and they shall not be held to answer for any
speech or debate made in the Legislature in any court or place whatsoever.
The Legislature votes the appropriation biennially, after due consideration of the
revenue and expenditure for the two preceding years, and the estimates of the revenue and
expenditure of the two succeeding years, which shall be submitted to them by the minister of
finance.
Of the House of Nobles. Twenty-four nobles shall be elected, as follows: seven from
the island of Hawaii, five from the islands of Maui/Lanai, one from the island of Molokai,
eight from the island of Oahu, and three from the islands of Kauai and Niihau. Each term
of office shall be four years.
No person except a repatriated or natural-born citizen of Hawaii of aboriginal
Hawaiian ancestry who has attained to the age of eighteen years and is a resident shall be
eligible to run as candidate to the House of Nobles. It is required that the Nobles be learned
in the usage of the law of nations.
The Citizens of the island shall elect by ballot their choices for Noble. The term of
service shall date from the general election.
The Nobles, for the term or terms of service to the country, shall receive
compensation from the People, which shall be defined in the general public law of the nation,
and paid out of the national treasury. This compensation shall neither be increased nor
diminished during their term or terms in office, and they shall not receive any other payment
within that period made in deference to their high offices. No individual who holds office in
the legislative branch may hold another position in the government and receive income for
such for the duration of said service.
Failure to comply with the obligations of a Noble will result in the removal from
office by the Legislature. In the event of removal or any such vacancy of one of the Nobles
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from office, the Legislature shall by a majority vote appoint a qualified citizen of the moku to
the vacant position to serve only the remainder of the term of the vacated office.
Of the House of Representatives. There shall be twenty-four Representatives for the
Nation, who shall be elected from the districts stated in the general public law, one member
returned from each.
No person except a repatriated, naturalized or natural-born citizen of Hawaii who has
attained to the age of eighteen years and is a resident shall be eligible to run as candidate to
the House of Representatives. It is required that the Representatives be learned in the usage
of the law of nations.
The Citizens of the district shall elect by ballot their choice for Representative. The
term of service shall date from the general election. Each term of office shall be four years.
The Representatives, for the term or terms of service to the country, shall receive
compensation from the People, which shall be defined in the general public law of the nation,
and paid out of the national treasury. This compensation shall neither be increased nor
diminished during their term or terms in office, and they shall not receive any other payment
within that period made in deference to their high offices. No individual who holds office in
the legislative branch may hold another position in the government and receive income for
such for the duration of said service.
Failure to comply with the obligations of a Representative will result in the removal
from office by the Legislature. In the event of removal or any such vacancy of one of the
Representatives from office, the Legislature shall by a majority vote appoint a qualified
citizen from the district to the vacant position to serve only the remainder of the term of the
vacated office.
Section 4. Terms for Creating Additional Districts
The Legislature shall consider the admittance of additional districts within the islands
of the nation every four years. A simple majority of the full legislative body is required to
forward the proposal to the citizens for consideration. A plebiscite shall be conducted in all
districts of the nation to vote on the expansion. A majority of two-thirds of all the districts is
necessary to authorize the new district. The proposed district must have a defined area
agreeable to its immediate neighboring districts, and no less than one thousand of the citizens
in the area must be of aboriginal Hawaiian ancestry.
ARTICLE IV. The Legislative Process.
No person other than the members of the Executive Cabinet, the members of the
House of Representatives, and the members of the House of Nobles may introduce a bill for
consideration by the law-making body of this nation. If found to be contrary to the
Constitution of Hawaii, a Bill shall be subject to review. If that bill fails the scrutiny of a
committee appointed to its review, it is subject to dismissal.
To avoid improper influences which may result from intermixing in one and the same
act such things as have no proper relation to each other, every bill shall embrace but one
object, and that shall be expressed in its title.
All bills, resolved by the Legislature, shall be identified as belonging to a specific
category of domestic law of Hawaii. They are either an Act of Law, an Ordinance Law, a
Resolution or an Act of Finance.
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Section 1. Types of Bills.
(A) A Bill for an Act of Law upon being passed and assented to shall be directly entered
into the Civil Laws or Penal Laws of Hawaii.
1. All bills passed, as an Act of Law shall be entered into either the Civil Code of
Law of Hawaii or the Penal Code of Law of Hawaii.
2. An Act of Law is binding upon all persons residing or visiting Hawaii.
(B) A Bill of Ordinance Law upon being passed and assented to shall be directly entered
into the Ordinance Code of Law of Hawaii.
1. An Ordinance Law is binding only upon the conduct and affairs of the officers of
this government, their employees, and the departments, agencies, ad hoc agencies,
commissions and committees designated by this government and upon all persons
residing and conducting business in the Hawaiian archipelago.
(C) A Bill of Resolution upon being passed and assented to shall be directly entered into
the Compiled Resolutions of Hawaii.
1. A Resolution is an Act of Law with a specific application or function that may be
either annulled or continued under amendment by the Legislature.
(D) A Bill for an Act of Finance upon being passed in conjunction with an Act of Law,
Ordinance Law or Resolution will be entered as an attachment of the appropriate law
into the Civil Code of Law, the Penal Code of Law, the Ordinance Code of Law, or
the Compiled Resolutions of Hawaii.
Section 2. Authorizing a Bill.
(A) A Bill for an Act of Law
1. Must be sponsored by a member of the Executive Cabinet or a member of the
Legislature.
2. Must be submitted before the first of September for placement on the legislative
calendar of the following year.
3. Must be surrendered to a Committee of Constitutional Review appointed by the
members of the House of Representatives, the House of Nobles and the Executive
Cabinet.
4. Will be introduced by its sponsor onto the floor of the House of Representatives
after its approval by the Committee of Constitutional Review.
5. Will be distributed by the Representatives to the citizens in their respective districts
to either accept or reject in its entirety.
6. Will be passed or defeated by simple majority vote of the citizens of the respective
districts.
7. Will have a limitation of twenty-eight days after its introduction to be accepted or
rejected by the citizens in every district.
8. Will be passed into law only upon gaining the majority of a simple vote from the
total number of districts.
9. Upon being passed and assented to, shall be enacted and observed immediately
unless stipulated otherwise within the text of the bill.
(B) A Bill for an Ordinance Law
1. Must be sponsored by a member of the Legislature or a member of the Executive
Cabinet.
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2. Must be submitted before the first of September for placement on the legislative
calendar of the following year.
3. Must be surrendered to a Committee of Constitutional Review appointed by the
members of the House of Representatives, the House of Nobles and the Executive
Cabinet.
4. Will be introduced by its sponsor onto the floor of the House of Representatives or
the House of Nobles after its approval by the Committee of Constitutional
Review.
5. Will be distributed by the Representatives to the citizens in their respective districts
to either accept or reject in its entirety.
6. Will be passed or defeated by simple majority vote of the citizens of the respective
districts.
7. Will have a limitation of twenty-eight days after its introduction to be accepted or
rejected by the citizens in every district.
8. Will be passed into law only upon gaining the majority of a simple vote from the
total number of districts.
9. Upon being passed and assented to, shall be enacted and observed immediately
unless stipulated otherwise within the text of the bill.
The enacting style in making and passing an Act of Law and an Ordinance Law shall
be: Be it enacted by the Citizens and the Legislature of Hawaii.
(C) A Bill for a Resolution
1. Must be sponsored by a member of the Executive Cabinet or a member of the
Legislature.
2. Must be submitted before the first of September for placement on the legislative
calendar of the following year.
3. Is time-specific in its usage and must state the period of time it can be used and its
date of expiration.
4. Must be submitted to a Committee of Constitutional Review appointed by the
members of the House of Representatives, the House of Nobles or the Executive
Cabinet.
5. Will be introduced by its sponsor onto the floor of the House of Representatives or
the House of Nobles after its approval by the Committee of Constitutional
Review.
6. Once introduced, is subject to discussion and criticism by the members of the
House of Representatives and the House of Nobles.
7. Will be passed and assented to only upon gaining the majority of a simple vote
from the members of both houses.
8. Shall be used or declared immediately after its approval unless specified otherwise.
9. Shall be re-introduced before its date of expiration for vote of renewal, amending
or maturity.
The enacting style in making and passing a Resolution shall be: Be it enacted by the
Legislature of Hawaii.
(D) A Bill for an Act of Finance
1. Must be sponsored by a member of the Executive Cabinet or a member of the
Legislature.
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2. Must be submitted before the first of September for placement on the legislative
calendar of the following year.
3. Must accompany all Bills for Acts of Law, Bills for an Ordinance Law and Bills of
Resolution, which require or request financing.
4. Must be submitted to a Committee of Financial Review appointed by the members
of the House of Representatives, the House of Nobles and the Executive Cabinet.
5. Will be introduced by its sponsor to the Legislature after its approval by the
Committee of Financial Review.
6. Once introduced, is subject to discussion and criticism by the members of the
House of Representatives and the House of Nobles.
7. Will be passed and assented to only upon gaining the majority of a simple vote
from the members of both houses.
Section 3. The Process of Amending Acts of Law and Ordinance Laws.
(A) A Bill for Amending an Act of Law
1. May be introduced by a member of the Legislature other than the sponsor of the
original bill.
2. Must indicate in its introduction if that Act of Law should be amended or repealed.
3. Must be submitted before the first of September for placement on the legislative
calendar of the following year.
4. Must be surrendered to a Committee of Constitutional Review appointed by the
members of the House of Representatives, the House of Nobles and the Executive
Cabinet.
5. Will be introduced by its sponsor onto the floor of the House of Representatives
after its approval by the Committee of Constitutional Review.
6. Will be distributed by the Representatives to the citizens in their respective districts
to either accept or reject in its entirety.
7. Will be passed into law by a simple majority vote of the citizens of the respective
districts.
8. Will have a limitation of twenty-eight days after its introduction to be accepted or
rejected by the citizens in every district.
9. Will be passed into law only upon gaining the majority of a simple vote from the
total number of districts.
10. Upon being passed and assented to, shall be enacted and observed immediately
unless stipulated otherwise within the text of the Bill.
(B) A Bill for Amending an Ordinance Law
1. May be introduced by a member of the Legislature other than the sponsor of the
original bill.
2. Must indicate in its introduction if that Ordinance Law should be amended or
repealed.
3. Must be submitted before the first of September for placement on the legislative
calendar of the following year.
4. Must be surrendered to a Committee of Constitutional Review appointed by the
members of the House of Representatives, the House of Nobles and the Executive
Cabinet.
5. Will be introduced by its sponsor onto the floor of the House of Representatives or
the House of Nobles after its approval by the Committee of Constitutional
Review.
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6. Will be distributed by the Representatives to the citizens in their respective districts
to either accept or reject in its entirety.
7. Will be passed into law by a simple majority vote of the citizens of the respective
districts.
8. Will have a limitation of twenty-eight days after its introduction to be accepted or
rejected by the citizens in every district.
9. Will be passed into law only upon gaining the majority of a simple vote from the
total number of districts.
10. Upon being passed and assented to, shall be enacted and observed immediately
unless stipulated otherwise within the text of the Bill.
Section 4. Impeachment.
The nobles shall be a court, with full and sole authority to hear and determine any
charge of impeachment made by the representatives as the grand inquest of the nation,
against any officers of the nation, for misconduct or maladministration in their offices; but
previous to the trial of every impeachment the nobles shall respectively be sworn truly and
impartially to try and determine the charge in question, according to evidence and law. Their
judgment, however, shall not extend further than the removal from office and disqualification
to hold or enjoy any place of honor, trust, or profit under this government; but the party so
convicted shall be, nevertheless, liable to indictment, trial, judgment, and punishment
according to the laws of the land.
ARTICLE V. The Judicial Branch.
The judicial authority of the nation shall be vested in one Supreme Court, and in such
inferior courts as the Legislature may, from time to time, establish.
The Supreme Court shall consist of a chief justice and not less than two associate
justices, any one of whom may hold the court. The justices of the supreme court shall hold
their offices during good behavior, subject to removal upon impeachment, and shall, at stated
times, receive for their services a compensation, which shall not be diminished during their
continuance in office: Provided, however, That any judge of the supreme court or any other
court of record may be removed from office on a resolution passed by two-thirds of all the
members of the Legislature. The judge against whom the Legislature may be about to
proceed shall receive notice thereof; accompanied by a copy of the causes alleged for his
removal, at least ten days before the day on which the Legislature shall act thereon. He shall
be heard before the Legislature.
No person except a citizen of Hawaii who has at least attained to the age of twentyfive years and is a resident shall be eligible to the Office of Justice of the Supreme Court. It
is required that the Justices be learned in the usage of the law of nations.
Before assuming the Office, the Justices will take the following Oath: I do solemnly
promise, in the presence of Almighty God, that I will faithfully support the Constitution of
Hawaii, and conscientiously and impartially discharge my duties as a member of the
Judiciary.
The Justices, for their term of service to the country, shall receive a compensation
from the People, which shall be defined in the general public law of the nation, and paid out
of the national treasury. They shall not receive any other payment within that period made in
deference to their high offices. No individual who holds office in the judicial branch may
hold another position in the government and receive income for such for the duration of said
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service. The judicial authority shall be divided among the Supreme Court and the
several inferior courts of the Nation, in such manner as the Legislature may from time to time
prescribe, and the tenure of office in the inferior courts of the Nation shall be such as may be
defined by the law creating them.
The judicial authority shall extend to all cases in law and equity arising under the
constitution and laws of this Nation, and treaties made, or which shall be made, under their
authority; to all cases affecting public ministers and consuls, and to all cases of admiralty and
maritime jurisdiction.
The chief justice of the supreme court shall be ex officio president of the nobles in all
cases of impeachment, unless when impeached himself; and shall exercise such jurisdiction
in equity or other cases as the law may confer upon him, his decision being subject however,
to the revision of the supreme court on appeal. Should the chief justice ever be impeached,
some person specially commissioned by the Prime Minister shall preside over the court of
impeachment during such trial.
The decisions of the Supreme Court, when made by a majority of the justices thereof
shall be final and conclusive upon all parties.
The Prime Minister, the Executive Cabinet, and the Legislature shall have authority to
require the opinions of the justices of the Supreme Court upon important questions of law
and upon solemn occasions.
The Prime Minister nominates candidates to the positions of the justices of the
Supreme Court and all other judges of the courts of record. The candidates are appointed by
the citizens through their Representatives in the Legislature. The salaries of the justices of
the Supreme Court and all other judges of the courts of record are fixed by law.
No judge or magistrate shall sit all alone on an appeal or new trial in any case on
which he may have given a previous judgment.
ARTICLE VI. Of Due Process.
All men and women shall have the privilege to due process of law. No person shall
be compelled in any criminal case to be a witness against himself nor be deprived of life,
liberty and the pursuit of happiness.
No person shall be subject to punishment for any offense, except on due and legal
conviction thereof, in a court having jurisdiction of the case.
No person in Hawaii shall be held to answer for any crime or offense unless upon
indictment fully and plainly describing such crime or offense, and he or she shall have the
right to meet the witnesses who are produced against him or her face to face; to produce
witnesses and proof in his or her own favor, by himself or herself or their counsel, at his or
her election, to examine the witnesses produced by himself or herself and cross-examine
those produced against him or her, and to be fully heard in his or her own defense. In all
cases in which the right of trial by jury has been heretofore used it shall be held inviolable
forever, except in actions of debt or assumpsit in which the amount claimed is less than fifty
dollars.
No man or woman shall be required to answer again for an offense of which he or she
has been duly convicted or of which he or she has been duly acquitted.
Private property may be taken for public use by the government, but only upon due
process of law. Just compensation shall apply according to the mandate of civil law.
No person shall sit as a judge or juror in any case in which his or her relative by
affinity, or by consanguinity within the third degree, is interested, either as plaintiff or
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defendant, or in the issue of which the said judge or juror may have, either directly or
through such relative, any pecuniary interest.
ARTICLE VII. Terms of Allegiance.
Each person in Hawaii has a right to be protected in the enjoyment of life, liberty,
and property, according to law. Therefore, they shall be obliged to perpetuate Hawaiis
independent sovereignty and to contribute their proportional share.
ARTICLE VIII. Laws Retrieved from Suspension.
All laws compiled by the government de jure prior to its unlawful overthrow in 1893
shall be brought out of suspension, then altered or repealed by the Legislature. All laws
heretofore enacted, or that may hereafter be enacted, which are contrary to this constitution
shall be null and void.
ARTICLE IX. Symbols of the Nation.
The Motto of this Nation is Ua Mau Ke Ea O Ka Aina I Ka Pono (The Sovereignty of
the Land is Always Righteous).
The Flag of this Nation is [under construction].
The Great Seal of this Nation is [under construction].
The Anthem of this Nation is Hawaii Ponoi.
The Pledge of Allegiance to this Nation is [needs to be composed].
ARTICLE X. The Ratification Process.
The Legislature has the authority to amend the constitution according to the dictates
of the law.
Any amendment or amendments to this constitution may be proposed to the
Legislature, and shall be surrendered to the Committee of Constitutional Review. Upon
clearing the committee, the amendment shall be introduced to the full legislature by either a
noble or a district representative or an executive minister. A simple majority of the full
legislative body is required to forward the proposed amendment to the citizens for
consideration. A plebiscite shall be conducted in all districts of the nation to vote on each
amendment. A majority of two-thirds of all the districts is necessary for the proposed
amendment to become part of the constitution of this nation.
The Legislature shall consider amending the constitution every even numbered year
beginning in 2004 A.D. Prior to that date, the Legislature may consider amendments to the
constitution at every convening of the Mana Kau Kanawai.
This constitution shall be in force on the 29th day of April, A.D. 2000.
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duty of self-preservation,
This obligation, so natural to each individual of god's creation, is not derived to nations
immediately from nature, but from the agreement by which civil society is formed: it is
therefore not absolute, but conditional, that is to say, it supposes a human act, to wit, the
social compact. And as compacts may be dissolved by common consent of the parties if
the individuals that compose a nation should unanimously agree to break the link that
binds them, it would be lawful for them to do so, and thus to destroy the state or nation; but
they would doubtless incur a degree of guilt, if they took this step without just and weighty
reasons; for civil societies are approved by the law of nature, which recommends them to
mankind, as the true means of supplying all their wants, and of effectually advancing towards
their own perfection. Moreover, civil society is so useful, nay so necessary to all citizens, that it
may well be considered as morally impossible for them to consent unanimously to break it
without necessity. But what citizens may or ought to do what the majority of them may
resolve in certain cases of necessity or of pressing exigency are questions that will be treated
of elsewhere: they cannot be solidly determined without some principles which we have not yet
established. For the present, it is sufficient to have proved, that, in general, as long as the
political society subsists, the whole nation is obliged to endeavor to maintain it.
17. And to preserve its members.
If a nation is obliged to preserve itself, it is no less obliged carefully to preserve all its members.
The nation owes this to itself, since the loss even of one of its members weakens it, and is
injurious to its preservation. It owes this also to the members in particular, in consequence of
the very act of association; for those who compose a nation are united for their defense and
common advantage; and none can justly be deprived of this union, and of the advantages he
expects to derive from it, while he on his side fulfills the conditions.
The body of a nation cannot then abandon a province, a town, or even a single individual who is
a part of it, unless compelled to it by necessity, or indispensably obliged to it by the strongest
reasons founded on the public safety.
18. A nation has a right to every thing necessary for its preservation.
Since then a nation is obliged to preserve itself, it has a right to every thing necessary for its
preservation. For the law of nature gives us a right to every thing without which we cannot
fulfill our obligation; otherwise it would oblige us to do impossibilities, or rather would
contradict itself in prescribing us a duty, and at the same time debarring us of the only means of
fulfilling it. It will doubtless be here understood, that those means ought not to be unjust in
themselves, or such as are absolutely forbidden by the law of nature.
As it is impossible that it should ever permit the use of such means, if on a particular occasion
no other present themselves for fulfilling a general obligation, the obligation must, in that
particular instance, be looked on as impossible, and consequently void.
19. It ought to avoid every thing that might occasion its destruction.
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By an evident consequence from what has been said, a nation ought carefully to avoid, as
much as possible, whatever might cause its destruction, or that of the state, which is the
same thing.
20. Of its right to every thing that may promote this end.
A nation or state has a right to every thing that can help to ward off imminent danger, and kept at
a distance whatever is capable of causing its ruin; and that from the very same reasons that
establish its right to the things necessary to its preservation.
14. Whether peace can be made with an usurper.
When an unjust conqueror, or any other usurper, has invaded the kingdom, he becomes possessed
of all the powers of government when once the people have submitted to him, and, by a
voluntary homage, acknowledged him as their sovereign. Other states, as having no right to
intermeddle with the domestic concerns of that nation, or to interfere in her government, are
bound to abide by her decision, and to look no farther than the circumstances of actual
possession. They may, therefore, broach and conclude a treaty of peace with the usurper. They do
not thereby infringe the right of the lawful sovereign: it is not their business to examine and
judge of that right: they leave it as it is, and only look to the possession in all the affairs they
have to transact with that kingdom, pursuant to their own rights and those of the nation whose
sovereignty is contested. But this rule does not preclude them from espousing the quarrel of
the dethroned monarch, and assisting him, if he appears to have justice on his side: they
then declare themselves enemies of the nation which has acknowledged his rival, as, when
two different states are at war, they are at liberty to assist either party whose pretensions
appear to be best founded.
CHAP. XIV.
Of the right of postliminium.
204. Definition of the right of postliminium.
The right of postliminium is that in virtue of which persons and things taken by the enemy are
restored to their former state, on coming again into the power of the nation to which they
belonged.
205. Foundation of this right.
The sovereign is bound to protect the persons and property of his subjects, and to defend them
against the enemy. When, therefore, a subject, or any part of his property, has fallen into the
enemy's possession, should any fortunate event bring them again into the sovereign's power, it is
undoubtedly his duty to restore them to their former condition, to re-establish the persons in
all their rights and obligations, to give back the effects to the owners, in a word, to replace
every thing on the same footing on which it stood previous to the enemy's capture.
The justice or injustice of the war makes no difference in this case, not only because,
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according to the voluntary law of nations, the war, as to its effects, is reputed just on both sides,
but likewise because war, whether just or not, is a national concern; and, if the subjects who fight
or suffer in the national cause, should, after they have, either in their persons or their property,
fallen into the enemy's power, be, by some fortunate incident, restored to the hands of their own
people, there is no reason why they should not be restored to their former condition. It is the
same as if they had never been taken. If the war be just on the part of their nation, they were
unjustly captured by the enemy; and thus nothing is more natural than to restore them as soon as
it becomes possible. If the war be unjust, they are under no greater obligation to suffer in
atonement for its injustice than the rest of the nation. Fortune brings down the evil on their heads
when they are taken: she delivers them from it when they escape. Here, again, it is the same as if
they never had been captured. Neither their own sovereign, nor the enemy, has any particular
right over them. The enemy has lost by one accident what he had gained by another.
206. How it takes effect.
Persons return, and things are recovered, by the right of postliminium, when, after having
been taken by the enemy, they come again into the power of their own nation. This right,
therefore, takes effect as soon as such persons or things captured by the enemy fall into the
hands of soldiers belonging to their own nation, or are brought back to the army, the camp,
the territories of their sovereign, or the places under his command.
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He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties,
provided two thirds of the Senators present concur; and he shall nominate, and by and
with the Advice and Consent of the Senate, shall appoint Ambassadors, other public
Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United
States, whose Appointments are not herein otherwise provided for, and which shall be
established by Law: but the Congress may by Law vest the Appointment of such inferior
Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads
of Departments.
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Liliuokalani issued the following statement yielding her authority to the United States
Government rather than to the Provisional Government:
"I Liliuokalani, by the Grace of God and under the Constitution of the Hawaiian Kingdom,
Queen, do hereby solemnly protest against any and all acts done against myself and the
Constitutional Government of the Hawaiian Kingdom by certain persons claiming to have
established a Provisional Government of and for this Kingdom.
That I yield to the superior force of the United States of America whose Minister Plenipotentiary,
His Excellency John L. Stevens, has caused United States troops to be landed at Honolulu and
declared that he would support the Provisional Government.
Now to avoid any collision of armed forces, and perhaps the loss of life, I do this under protest
and impelled by said force yield my authority until such time as the Government of the United
States shall, upon facts being presented to it, undo the action of its representatives and reinstate
mein the authority which I claim as the Constitutional Sovereign of the Hawaiian Islands.".
Done at Honolulu this 17th day of January, A.D. 1893.;
Whereas, without the active support and intervention by the United States diplomatic and
military representatives, the insurrection against the Government of Queen Liliuokalani would
have failed for lack of popular support and insufficient arms;
Whereas, on February 1, 1893, the United States Minister raised the American flag and
proclaimed Hawaii to be a protectorate of the United States;
Whereas, the report of a Presidentially established investigation conducted by former
Congressman James Blount into the events surrounding the insurrection and overthrow of
January 17, 1893, concluded that the United States diplomatic and military representatives had
abused their authority and were responsible for the change in government;
Whereas, as a result of this investigation, the United States Minister to Hawaii was recalled from
his diplomatic post and the military commander of the United States armed forces stationed in
Hawaii was disciplined and forced to resign his commission;
Whereas, in a message to Congress on December 18, 1893, President Grover Cleveland reported
fully and accurately on the illegal acts of the conspirators, described such acts as an "act of war,
committed with the participation of a diplomatic representative of the United States and without
authority of Congress", and acknowledged that by such acts the government of a peaceful and
friendly people was overthrown;
Whereas, President Cleveland further concluded that a "substantial wrong has thus been done
which a due regard for our national character as well as the rights of the injured people requires
we should endeavor to repair" and called for the restoration of the Hawaiian monarchy;
Whereas, the Provisional Government protested President Cleveland's call for the restoration of
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the monarchy and continued to hold state power and pursue annexation to the United States;
Whereas, the Provisional Government successfully lobbied the Committee on Foreign Relations
of the Senate (hereafter referred to in this Resolution as the "Committee") to conduct a new
investigation into the events surrounding the overthrow of the monarchy;
Whereas, the Committee and its chairman, Senator John Morgan, conducted hearings in
Washington, D.C., from December 27,1893, through February 26, 1894,in which members of the
Provisional Government justified and condoned the actions of the United States Minister and
recommended annexation of Hawaii;
Whereas, although the Provisional Government was able to obscure the role of the United States
in the illegal overthrow of the Hawaiian monarchy, it was unable to rally the support from twothirds of the Senate needed to ratify a treaty of annexation;
Whereas, on July 4, 1894, the Provisional Government declared itself to be the Republic of
Hawaii;
Whereas, on January 24, 1895, while imprisoned in Iolani Palace, Queen Liliuokalani was forced
by representatives of the Republic of Hawaii to officially abdicate her throne;
Whereas, in the 1896 United States Presidential election, William McKinley replaced Grover
Cleveland;
Whereas, on July 7, 1898, as a consequence of the Spanish-American War, President
McKinley signed the Newlands Joint Resolution that provided for the annexation of
Hawaii;
Whereas, through the Newlands Resolution, the self-declared Republic of Hawaii ceded
sovereignty over the Hawaiian Islands to the United States;
Whereas, the Republic of Hawaii also ceded 1,800,000 acres of crown, government and
public lands of the Kingdom of Hawaii, without the consent of or compensation to the
Native Hawaiian people of Hawaii or their sovereign government;
Whereas, the Congress, through the Newlands Resolution, ratified the cession, annexed
Hawaii as part of the United States, and vested title to the lands in Hawaii in the United
States;
Whereas, the Newlands Resolution also specified that treaties existing between Hawaii and
foreign nations were to immediately cease and be replaced by United States treaties with
such nations;
Whereas, the Newlands Resolution effected the transaction between the Republic of Hawaii
and the United States Government;
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Whereas, the indigenous Hawaiian people never directly relinquished their claims to their
inherent sovereignty as a people or over their national lands to the United States, either through
their monarchy or through a plebiscite or referendum;
Whereas, on April 30, 1900, President McKinley signed the Organic Act that provided a
government for the territory of Hawaii and defined the political structure and powers of the
newly established Territorial Government and itsrelationship to the United States;
Whereas, on August 21,1959, Hawaii became the 50th State of the United States;
Whereas, the health and well-being of the Native Hawaiian people is intrinsically tied to their
deep feelings and attachment to the land;
Whereas, the long-range economic and social changes in Hawaii over the nineteenth and early
twentieth centuries have been devastating to the population and to the health and well-being of
the Hawaiian people;
Whereas, the Native Hawaiian people are determined to preserve, develop and transmit to future
generations their ancestral territory, and their cultural identity in accordance with their own
spiritual and traditional beliefs, customs, practices, language, and social institutions;
Whereas, in order to promote racial harmony and cultural understanding, the Legislature of the
State of Hawaii has determined that the year 1993, should serve Hawaii as a year of special
reflection on the rights and dignities of the Native Hawaiians in the Hawaiian and the American
societies;
Whereas, the Eighteenth General Synod of the United Church of Christ in recognition of the
denomination's historical complicity in the illegal overthrow of the Kingdom of Hawaii in 1893
directed the Office of the President of the United Church of Christ to offer a public apology to
the Native Hawaiian people and to initiate the process of reconciliation between the United
Church of Christ and the Native Hawaiians; and
Whereas, it is proper and timely for the Congress on the occasion of the impending one
hundredth anniversary of the event, to acknowledge the historic significance of the illegal
overthrow of the Kingdom of Hawaii, to express its deep regret to the Native Hawaiian people,
and to support the reconciliation efforts of the State of Hawaii and the United Church of Christ
with Native Hawaiians;
Now, therefore, be it resolved by the Senate and House of Representatives of the United States of
America in Congress assembled,
SECTION 1. ACKNOWLEDGMENT AND APOLOGY.
The Congress (1) on the occasion of the 100th anniversary of the illegal overthrow of the Kingdom of Hawaii
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on January 17, 1893, acknowledges the historical significance of this event which resulted in the
suppression of the inherent sovereignty of the Native Hawaiian people;
(2) recognizes and commends efforts of reconciliation initiated by the State of Hawaii and the
United Church of Christ with Native Hawaiians;
(3) apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow
of the Kingdom of Hawaii on January 17, 1893 with the participation of agents and citizens of
the United States, and the deprivationof the rights of Native Hawaiians to self-determination;
(4) expresses its commitment to acknowledge the ramifications of the overthrow of the Kingdom
of Hawaii, in order to provide a proper foundation for reconciliation between the United States
and the Native Hawaiian people; and
(5) urges the President of the United States to also acknowledge the ramifications of the
overthrow of the Kingdom of Hawaii and to support reconciliation efforts between the United
States and the Native Hawaiian people.
SEC. 2. DEFINITIONS.
As used in this Joint Resolution, the term "Native Hawaiians" means any individual who is a
descendent of the aboriginal people who, prior to 1778,occupied and exercised sovereignty in the
area that now constitutes the State of Hawaii.
SEC. 3. DISCLAIMER.
Nothing in this Joint Resolution is intended to serve as a settlement of any claims against the
United States.
Approved November 23, 1993
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GLOSSARY
Acknowledgment
Toadmit,affirm,declare,testify,avow,confess,orownasgenuine.Admissionor
affirmationofobligation.
Authorities
Citationstostatutes,precedents,judicialdecisions,andtextbookoflaw.
Caveat
Latin:Lethimbeware.Awarningtobecareful.Aformalnoticeorwarninggivenbya
partyinterestedtoacourt,judge,orministerialofficeragainsttheperformanceofcertain
actswithinhispowerandjurisdiction.
Consent
Aconcurrenceofwills.Voluntarilyyieldingthewilltothepropositionofanother;
acquiescenceorcompliancetherewith.
Constitution
Theorganic,fundamentallawofanationorstate,establishingthecharacterand
conceptionofitsgovernment,layingthebasicprinciplestowhichitsinternallifeistobe
conformed,organizingthegovernmentandregulating,distributing,andlimitingthe
functionsofitsdifferentdepartments,andprescribingtheextentandmannerofthe
exerciseofsovereignpowers.
Defactocourt
Acourtestablishedandexercisingjudicialfunctionsundertheauthorityofanapparently
validstatute,thecourtsexistinfactthoughnotinlaw(dejure).
Dejure
Byright;byjustice;lawful;legitimate.Descriptiveofaconditioninwhichtherehasbeen
totalcompliancewithallrequirementsoflaw.
DejureGovernment
Alawful,rightfulgovernment.
Denizen
InEnglishlaw,apersonwho,beingalienborn,hasobtainedletterpatenttomakehim
anEnglishsubject.Adenizenisinakindofmiddlestatbetweenanalienandanatural
born/authorizedsubject,andpartakesofthestatusofbothofthese.
ii
ExecutiveDepartment
Thatbranchofgovernmentchargedwithcarryingoutthelawsenactedbythe
legislature.ThePresidentisthechiefexecutiveofficerofthecountryandtheGovernoris
thechiefexecutiveofficerofastate.Usedtodescribethatbranchofthegovernmentin
contrasttotheothertwobranches,i.e.,legislativeandjudicial.
ImperfectObligations
Createsnorightofactionnorhasitanylegaloperation.
...givebuttherighttorequest(LawofNations)
ImperfectRights
...isvagueandunfixed.
...cannotsocompelthefulfillmentofcorrespondingobligations.(LawofNations)
InternationalLaw
ThelawwhichregulatestheintercourseofNations;TheLawofNations.Thecustomary
lawwhichdeterminestherightsandregulatestheintercourseofindependencestatesin
peaceandwar.
JointResolution
AresolutionadoptedbybothhousesofCongressoralegislature.Whensucharesolution
hasbeenapprovedbythePresidentorpassedwithhisapproval,ithastheeffectoflaw.
Kanaka
Humanbeing,man,mankind,individual.
Law
Thatwhichislaiddown,ordainedorestablished;aruleormethodaccordingtowhich
phenomenaoractionscoexistorfolloweachother.Thatwhichmustbeobeyedand
followedbycitizens,subjecttosanctionsorlegalconsequencesisalaw.
LetterofCredence
Ininternationallaw,thedocumentwhichaccreditsanambassador,minister,orenvoyto
thecourtsorgovernmenttowhichheissent;i.e.,certifiestohisappointmentand
qualification,andbespeakscreditforhisofficialactionsandrepresentations.
Mandate
Acommand,order,ordirection,writtenororal,whichcourtisauthorizedtogiveand
personisboundtoobey.
ii
iii
Mandatum
Acontractofmandate.
Manifest
Evidenttothesenses;especiallytothesight,obvioustotheunderstanding,evidenttothe
mind,notobscureorhidden,andissynonymouswithopen,clear,visible,unmistakable,
indubitably,indisputable,evident,andselfevident.
Maoli
Native,indigenous,genuine,true.
Nation
Apeople,aggregationofmen,existingintheformofanorganizedjuralsociety,usually
inhabitingadistinctportionoftheearth,speakingthesamelanguage,usingthesame
customs,possessinghistoriccontinuity,anddistinguishedfromotherlikegrouptheir
racialoriginsandcharacteristics,andgenerally,butnotnecessarily,livingunderthe
samegovernmentandsovereignty.
Notice
Information;theresultofobservation;knowledgeoftheexistenceofafactorstateof
affairs.Thatwhichimpartsinformationtoonetobenotified.
PerfectObligations
isonerecognizedandsanctionedbylaw;onewhichthefulfillmentcanbeenforcedwith
theaideoflaw.
PerfectRights
...Accordingastheiractionorscopeisclear,settled,anddeterminate.
PrivateInternationalLaw
Thatbranchofmunicipallawwhichdeterminesbeforethecourtsofwhatnationsa
particularactionofsuiteshouldbebroughtandbythelawofwhatnationitshouldbe
determined.
Provisionalgovernment
Onetemporarilyestablishedinanticipationofandtoexistandcontinueuntilanother
moreregularormorepermanentshallbeorganizedandinstitutedinitsstead.
ProTem
Abbreviationforthetermprotempore;whichmeansforthetimebeing;temporarily;
provisionally.
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iv
Proclamation
Theactofpubliclyproclaimingorpublishing;aformaldeclaration;apublic
announcementgivingnoticeofagovernmentalactthathasbeendoneoristobedone.
PublicInternationalLaw
isthebodyofruleswhichcontroltheconductofindependentstatesintheirrelationswith
others.
PublicLaw
Thatbranchordepartmentoflawwhichisconcernedwiththestateinitspoliticalor
sovereigncapacity,includingconstitutionalandadministrativelaw,andwiththe
definition,regulation,andenforcementofrights.Alaworstatutethatappliestothe
peoplegenerallyofthenationorstateadoptingorenactingitisdenominatedapublic
law.
PublicNotice
Noticegiventothepublicgenerally,ortotheentirecommunity,ortoallwhomitmay
concern.Suchmustcommonlybepublishedinanewspaperofgeneralcirculation.
Reinstate
Toreinstall;toreestablish;toplaceagaininaformerstate,condition,oroffice;torestore
toastateorpositionfromwhichtheobjectorpersonhadbeenremoved.
Sovereign
Aperson,body,orstateinwhichindependentandsupremeauthorityisinvested;achief
rulerwithsupremepower,akingorotherrulerwithlimitedpower.
SovereignNation
Anationwhichgovernsitselfbyitsownauthorityanditsownlaws,whichdoesnot
dependonanyothernation,itsrightsareinthenaturalorder,thesameasthoseofany
othersovereignandindependentnation.
Sovereignty
Thesupreme,absolute,anduncontrollablepowerbywhichanyindependentstateis
governed;supremepoliticalauthority;paramountcontroloftheconstitutionandframeof
governmentanditsadministration.Theselfsufficientcourseofpoliticalpower,from
whichallspecificpoliticalpowersarederived;theinternationalindependenceofastate
combinedwiththerightandpowerregulatingitsinternalaffairswithoutforeign
dictation;alsoapoliticalsocietyorstatewhichissovereignorindependent.
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Treaty
Anagreement,league,orcontractbetweentwoormorenationsorsovereignswithaview
tothepublicwelfare,formerlysignedbycommissionersproperlyauthorizedand
solemnlyratifiedbytheseveralsovereignsorthesupremepowerofeachstate.
Usurper
Onewhoassumestherightofgovernmentbyforce,contrarytoandinviolationofthe
constitutionofthecountry.