This Court is also bound to transform itself into an Article II Court because it is situated within the territory of the Hawaiian Kingdom and not within the territory of the United States pursuant to the Lorenzo doctrine. So too is economic power. A NOTE FROM DELIA BLANCHARD So many things have been happening here at our family's mansion, I can't go home to Hawaii: . Because it is illegal it did not alter the territorial integrity of both the Hawaiian Kingdom and Ukraine as independent States. Under international law, there exists a legal principle that when a government of an internationally recognized State is overthrown after a military invasion by another State and is occupied, the invaded State is presumed to continue to exist. Donovan Preza's Fourth of Four Presentations United Church of Christ - Kuleana Lands. U.S. District Judge David Ezra, who was the presiding judge in United States v. Goo, stated that he was adhering to the Lorenzo principle and that the defendant did not meet his burden of proof. In the 1848 Peace Treaty of Guadalupe Hidalgo that ended the war, the new border between the two Republics began from the Gulf of Mexico along the Rio Grande river, which is the southern border of the State of Texas, then by a surveyed boundary line that runs along the southern borders of what are now States of New Mexico, Arizona and California. Both the PCA and the ICJ are housed in the same building. According to Article 22 of the 1864 Constitution, the Cabinet Council, immediately after the occurring of such vacancy, shall cause a meeting of the Legislative Assembly, who shall elect by ballot some native Alii of the Kingdom as Successor to the Throne. Article 33 also provides that the Cabinet Council at the time of such decease shall be a Council of Regency, until the Legislative Assembly, which shall be called immediately, may be assembled.. Direct descendants of these genealogies comprise the Nobility class of the Hawaiian Kingdom and would be qualified to be elected by the Legislative Assembly after the Nobles determine that the candidate has not been convicted of any infamous crime, or who is insane, or an idiot.. On this note, the Appellate Court in Lorenzo also stated that the illegal overthrow leaves open the question whether the present governance system should be recognized because a State has an obligation not to recognize or treat as a state an entity that has attained the qualifications for statehood as a result of a threat or use of armed force.. TheHawaiian Journal of Law and Politics(HJLP) at the University of Hawaii at Mnoa just published its fourth volume.The journal is published by theHawaiian Society of Law and Politics(HSLP) which is a student organization at the university comprised of students, faculty and staff at the University of Hawaii at Mnoa. No such treaty, except for the Big Lie that Hawaii is a part of the United States. On April 10, 1877, Leleihoku died. As Abraham Lincoln once asked, how many legs does a calf have if you call its tail a leg? During this time of the rising of the national consciousness of the Hawaiian Kingdom after over a century of the war crime of denationalization through Americanization, it is important for Hawaiian subjects to understand the laws of the country as they existed prior to the overthrow of the Hawaiian Kingdom government on January 17, 1893. The international laws of occupation allows the Occupying Power, in this case the United States, to establish an Article II Occupation Court in the Hawaiian Kingdoms territory as the occupying State to administer the laws of the occupied State and the international laws of occupation. The Council felt that the timing was premature because Hawaiis population remained ignorant of the Hawaiian Kingdoms profound legal position due to institutionalized denationalization through Americanization by the United States for over a century. Also, the seventeen federal cases that applied the Lorenzo principle also had it wrong, and like the State of Hawaii courts are rendered unlawful because of international law, so is the United States District Court for the District of Hawaii. Similarly, the abductor of a kidnapped child, being an act prohibited by law, does not become the parent of the child by force despite the length of the kidnapping. True, the ministers are bound to convene the House of Representatives and the Senate and to leave it to the decision of the united legislative chambers to provide for a regency; but in view of the belligerent occupation it is impossible for the two houses to function. 1988), as well as quoting from 201 from the Restatement (Third) of the Foreign Relations Law of the United States (1987). Hawaiian Kingdom Independence Blog Article II Occupation Courts are federal courts established in territory that is being occupied by the United States. Co. v. West, explained that a title insurer does not have a duty to advise on the state of title to the property, but to insure againstloss resulting from any defects. Therefore, the title insurer does not guarantee the status of the grantors title. The defendant was claiming that he is immune from suit or judgment in any court of the United States or the State of Hawaii. Despite the American annexation of the Hawaiian Islands and the Russian annexation of the four Ukrainian regions, they remain illegal under international law. Here is the link (MSWord file) of the letter to Commissioner Rettig, and here is the link (MSWord file) of the letter to Director Choy. Makalapua Hawaiian Kingdom Independence Blog Article II Occupation Courts were established in Germany after the defeat of the Nazi regime. Since these proceedings were initiated 11 months ago with the filing of the initial complaint on May 20, 2021, Hawaiian Kingdom v. Biden, and then the filing of the amended complaint on August 11, 2021, there was always the 800-pound gorilla in the room that the Court did not want to directly address until last week. To presume is a verb that means to suppose or to take for granted based on evidence. To assume is to suppose or take for granted without evidence. According to Merriam-Webster e-dictionary, Presume is the word to use if youre making an informed guess based on reasonable evidence. Phase III: Restoration of the Hawaiian Kingdom as an independent State and a subject of International Law, which is when the occupation comes to an end. Only when the borrower purchases the title insurance policy to protect the lender from any title defect that affects the mortgaged debt is when escrow comes to a close. In 1898, the Spanish-American War broke out, and the strategic use of the naval base at Pearl Harbor during the war convinced Congress to approve formal annexation. The Russian invasion of Ukraine was to buffer an invasion by the North Atlantic Treaty Organization or NATO, which the United States is a member of. Successors in office to King Kamehameha III, who at the time of international recognition was King of the Hawaiian Kingdom, did not require diplomatic recognition. After careful deliberation, the Council of Regency decided that it could not, in good conscience, accept this offer. This cookie is set by GDPR Cookie Consent plugin. The essence of the Motion is that the [Hawaiian Kingdom] (Kingdom) was recognized as an independent sovereign nation by the United States in numerous bilateral treaties; the Kingdom was illegally overthrown in 1893 with the assistance of the United States; the Kingdom still exists as a sovereign nation; he is a citizen of the Kingdom; therefore, the courts of the State of Hawaii have no jurisdiction over him. The Hawaiian Kingdoms appeal that was forwarded to the Ninth Circuit by the Clerk of the District Court in Hawaii raised a very interesting twist regarding the Lorenzo principle and the legal standing of the Ninth Circuit. The next day Kalkaua appointed his sister, Princess Liliuokalani, as heir-apparent and received confirmation from the Nobles. California - Wikipedia It was a successor in office to Queen Liliuokalani as the Executive Monarch. In the federal courts it is known as the Lorenzo principle. As the District Court in 2002 stated, in United States v. Goo: Since the Intermediate Court of Appeals for the State of Hawaiis decision inHawaii v. Lorenzo, the courts in Hawaii have consistently adhered to theLorenzocourts statements that the Kingdom of Hawaii is not recognized as a sovereign stateby either the United States or the State of Hawaii. Grave breaches are war crimes that have been codified under federal criminal law in Title 18 U.S. Code 2441(c)(1). If you are currently residing in the Hawaiian Islands, letters could be sent, by certified mail, to Charles P. Rettig, Commissioner of the Internal Revenue Service, and Isaac W. Choy, Director of the State of Hawaii Department of Taxation, regarding the unlawful collection of so-called taxes within the territorial jurisdiction of the Hawaiian Kingdom. {12} Hawaiian Kingdom History: Kuleana Lands. It belonged to the chiefs and people in common, of whom Kamehameha I was the head, and had the management of the landed property. The Federal Defendants are attempting to make an end run on the football field and argue that the Hawaiian Kingdom cannot tackle them. 6 in - 14 in come pre-wired with an 8 ft - 120 volt power cord. It is not governed by Baker v. Carr as to the political question doctrine. The Succession shall be to the senior male child, and to the heirs of his body; failing a male child, the succession shall be to the senior female child, and the heirs of her body. Calls on the legal and human rights community to view the U.S. presence in the Hawaiian Islands through the prism of international law and to roundly condemn it as an illegal occupation under international law. Grow More Mendocino Hawaiian Big Bud - Hydro Kingdom Under 1292(b), the district court judge must first certify that the request to appeal an interlocutory order to the Ninth Circuit has met certain elements. The lender, not the borrower, has a copy of the lenders policy that was purchased by the borrower. Despite the frivolous claim by the United States that Hawaii was annexed by an American law, the Hawaiian Kingdom opposed the motion to dismiss because the Court has no authority to make any ruling until it transforms itself into an Article II Occupation Court. According to Professor Lenzerini in his legal opinion, based on the doctrine of necessity, the Council of Regency possesses the constitutional authority to temporarily exercise the Royal powers of the Hawaiian Kingdom. He also concluded that the Regency has the authority to represent the Hawaiian Kingdom as a State, which has been under a belligerent occupation by the United States of America since 17 January 1893, both at the domestic and international level.. What occurred is akin to legal representation or agency of necessity. She stated, Although Plaintiff argues there are manifest errors of law in the 6/9/22 Order, Plaintiff merely disagrees with the Courts decision. Whether the burden is to prove the kingdoms existence or to prove it doesnt exist, it is a controlling law that binds the State of Hawaii courts. If the U.S. District Court of Hawaii did not have jurisdiction or authority to rule in the case, the Ninth Circuit, as an appeals court, wouldnt have authority as well. lowest prices Disney D23 Expo WDI Imagineering Animal Kingdom Hawaiian Evidence that would show the Hawaiian Kingdom does not continue to exist under international law is where the Hawaiian Kingdom transferred its sovereignty and territory to the United States by a treaty. The President cannot act as a judge and a judge cannot act as a President who is in charge of foreign relations. In its filings, the United States has not provided any rebuttable evidence, whether factual or legal, that the Hawaiian Kingdom was extinguished as a State under international law. Like the courts of the State of Hawaii and the federal courts, the Senior Claims Counsel incorrectly applied theLorenzodoctrine, which should have been in favor of the title insurance claimant. Kaui Sai-Dudoit would work for the Hawaiian newspaper project and she is currently Programs Director for Awaiaulu, Inc. Awaiaulu is dedicated to developing resources and resource people that can bridge Hawaiian knowledge from the past to the present and the future. According to Professor Ian Brownlie, Principles of Public International Law, 109 (4th ed., 1990): Thus after the defeat of Nazi Germany in the Second World War the four major Allied powers assumed supreme power in Germany. His late Majesty did not appoint any successor in the mode set forth in the Constitution, with the consent of the Nobles or make a Proclamation thereof during his life. The presumption of continuity of a State is similar to the presumption of innocence. A person on trial does not have the burden to prove their innocence. 3. If, for the sake of argument, the prosecution argued before the trial court that the 1898 joint resolution of annexation extinguished Hawaiian statehood, it would be prevented from doing so under the rules of evidence because the United States Department of Justices Office of Legal Counsel concluded in 1988, in a legal opinion, that it is unclear which constitutional power Congress exercised when it acquired Hawaii by joint resolution.. On January 8, 1873, the Cabinet serving as a Council of Regency convened the Legislative Assembly into Extraordinary Session. Lorenzos attorney filed a motion to dismiss based on the argument that his client had immunity from prosecution. In its Opposition, the Hawaiian Kingdom concluded with: For these reasons, the Plaintiff respectfully requests that the Court schedule an evidentiary hearing in accordance with the Lorenzo principle for the State Defendants to provide rebuttable evidence, whether factual or legal, that the Hawaiian Kingdom ceases to exist as a State in light of the evidence and law in the instant motion. State of Hawaii v. Lorenzo The Case That Brought Down the State of Hawaii, Hawaiian Kingdom Files Motion in Ninth Circuit Court of Appeals to Compel United States to Prove the Hawaiian Kingdom Does Not Exist, International Association of Democratic Lawyers, Setting the Record Straight on Descendants of Kamehameha I and Heirs to the Hawaiian Crown, The Three Estates of the Hawaiian Kingdom, Kanaka Express 2022: Understanding the Hawaiian Kingdom v. Biden Federal Lawsuit, Presently the Hawaiian Crown is Not Inheritable but Rather Subject to an Election by the Legislative Assembly after the U.S. In its opening paragraph, the Hawaiian Kingdom stated: PLEASE TAKE NOTICE that Plaintiff HAWAIIAN KINGDOM, hereby preserves the record of these proceedings by its notice to appeal to a competent court of appeals to be hereafter established in the Hawaiian Kingdom by the United States as an Occupying Power in accordance with international humanitarian law from the Order granting in part and denying in part Defendant Nervells Motion to Dismiss [ECF 222], Order denying Plaintiffs Motion for Judicial Notice [ECF 223], and Minute Order denying Plaintiffs Motion for Reconsideration and Motion to Amend [ECF 227]. Dexter Kaiama, Attorney General for the Hawaiian Kingdom, spoke with the Department of Justice who is representing the Federal Defendants and told them that the Hawaiian Kingdom will be filing a motion for certification and asked if they would oppose or agree with the action. Typical insurance policies, such as car insurance or flood insurance, insure against a future cause of damage, that may or may not occur. If one were to speak about a presumption of continuity, explains Professor Craven, one would suppose that an obligation would lie upon the party opposing that continuity to establish the facts substantiating its rebuttal. For the reasons set forth below, we conclude that the lower court correctly denied the Motion. In the latest filings in Hawaiian Kingdom v. Biden et al., the Hawaiian Kingdom delivered the knockout punch. Judge Leslie Kobayashi was forced to answer the question of whether the Hawaiian Kingdoms continued existence as a State under international law was extinguished by the United States. The max-fan is more powerful and efficient fan that takes less energy to run. The continuity of the Hawaiian Kingdom, in other words, may be refuted only by reference to a valid demonstration of legal title, or sovereignty, on the part of the United States, absent of which the presumption remains.. Hawaiian Kingdom - Wikipedia These Chiefs extended from Kamehamehas Chiefs, while the Kamehameha Dynasty extended from the children of Kepolani and not from the other 17 wives who had children. As common law of the State of Hawaii, Judge Kobayashi was bound to apply it in this case because of 34 of the Federal Judiciary Act of 1789, which is codified under 28 U.S.C. Which bill are best for spearing and chiseling? Explained by FAQ Blog The United States established an Article II Occupation Court in Germany in 1945 until 1955 when the occupation of Germany ended. That gorilla was the continued existence of the Hawaiian Kingdom as a sovereign and independent State despite the unlawful overthrow of the Hawaiian government by the United States on January 17, 1893, and being belligerently occupied by the United States for over a century. This rule of international law was triggered on January 17, 1893. No evidence that it doesnt exist, the Hawaiian Kingdom continues to exist as a State under international law. It is quite clear that the PLO meets none of those requirements. As Judge James Crawford explained, there is a presumption that the State continues to exist, with its rights and obligations despite a period in which there is no effective government. He also stated that belligerent occupation does not affect the continuity of the State, even where there exists no government claiming to represent the occupied State. In other words, all Lorenzo needed to provide was evidence that the Hawaiian Kingdom did exist as a State, which would then shift the burden on the prosecution to provide rebuttable evidence that the United States extinguished the Hawaiian State in accordance with recognized modes of extinction under international law, a treaty of cession. The court stated: Lorenzo held that, for jurisdictional purposes, should a defendant demonstrate a factual or legal basis that the Kingdom of Hawaii exists as a state in accordance with recognized attributes of a states foreign nature[,] and that he or she is a citizen of that sovereign state, a defendant may be able to argue that the courts of the State of Hawaii lack jurisdiction over him or her. 1292(b) states: When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. Any property today that derives from this forged Royal Patent is void, but the loss could be covered by an owners policy of title insurance. Since the Council of Regency returned home from the Netherlands, it was agreed that David Keanu Sai would enter the University of Hawaii at Mnoa to pursue a Masters Degree in Political Science, specializing in international relations and law, and then a Ph.D. Return and say to the King, to Kaahumanu and to Kalaimoku, I will watch over your country, I will not take possession of it for mine, but I will watch over it, lest evils should come from others to the Kingdom. Finally, in 2014, the Hawaii Supreme Court, in State of Hawaii v. Armitage, clarified this evidentiary burden. Anti-monarchs, mostly Americans, in Hawaii, engineered the overthrow of the Kingdom of Hawaii.On January 17, 1893, the native monarch, Queen Lili'uokalani, was overthrown.Hawaii was initially reconstituted as an independent republic, but the ultimate goal of the action was the annexation of the islands to the United States, which was finally accomplished with the Newlands Resolution of 1898. In other words, the question is not whether the Hawaiian Kingdom continues to exist, but rather can the party opposing that continuity establish factual evidence, e.g. The United States cannot simply de-recognize an independent State because it is politically convenient to do so. This case not only placed the burden of proof that the Kingdom still exists on the defendant, but it also separated the Hawaiian Kingdom from the native Hawaiian sovereignty movement and nation building. April | 2022 | Hawaiian Kingdom Blog If Texas was annexed in 1845, then the boundary would not have begun from the Gulf of Mexico, but rather from the surveyed boundary line that would have begun from the mid-southern border of what is now the State of New Mexico, which is adjacent to the city of El Paso, Texas. The Lorenzo case had become a precedent case and was cited by the Hawaii Supreme Court in 8 cases, and by the ICA in 45 cases. Reply. According to U.S. constitutional scholar Thomas Cooley: A provisional government is supposed to be a government de facto for the time being; a government that in some emergency is set up to preserve order; to continue the relations of the people it acts for with foreign nations until there shall be time and opportunity for the creation of a permanent government. Hawaii an independent country under prolonged illegal occupation. Plaintiffs mere disagreement, however, does not constitute grounds for reconsideration.. When the Hawaiian Kingdom was transformed into a constitutional monarchy, written laws became the legal foundation for the kingdom. Judge Kobayashi initiated a legal dialogue with the 800-pound gorillathe Hawaiian Kingdom. The 1898 Joint Resolution To provide for annexing the Hawaiian Islands to the United States, is a municipal law of the United States without extraterritorial effect. They told Attorney General Kaiama that they would oppose it. Normally defendants named in an appeal would file, if appropriate, a Motion to Dismiss for Forum Non Conveniens, and not the plaintiff in an appeal to dismiss its appeal. Degree in Political Science with particular focus on the continued existence of the Hawaiian Kingdom as a State. United Kingdom is about 339 times bigger than Singapore. This is not the State of Hawaii. On the same day, the Kuhina NuiPremier, Victoria Kammalu, in Privy Council, proclaimed Lot Kapuaiwa to be the successor to the throne in accordance with Article 25 of the Constitution of 1852, and the Nobles confirmed him. This year's festivities will take on extra meaning following the state government's recognition of the first-ever national holiday of the Hawaiian Kingdom. And the judge simply responded, Defendant merely disagrees with the Courts decision. Despite the unlawfulness of such a judgment, the Defendant is still innocent. POINT OF CLARIFICATION: The Hawaiian Kingdom is not appealing to the 9th Circuit Court of Appeals because it is an Article III Court situated within the territory of the United States. The U.S. Supreme Court, in Williams v. Suffolk Insurance Co., stated, when the executive branch of the government, which is charged with our foreign relations assumes a fact it is conclusive on the judicial department.. All titles to property that were conveyed after January 17, 1893, are defective because the deeds were not lawfully executed according Hawaiian Kingdom law [because] the notaries public and the Bureau fo Conveyances werent part of the Hawaii[an] Kingdom, [and] that the documents in [the claimants] chain of title were not lawfully executed.. This includes all purported conveyances of Government or Crown lands after January 17, 1893, and any judicial proceedings regarding titles to land. For the past 28 years, State of Hawaii v. Lorenzo was cited by the Hawaii Supreme Court in 8 cases, the most recent was in 2020. There is no treaty except for the unlawful imposition of American municipal laws since 1898. Thus, Lorenzo does not recognize a fundamental right to build a sovereign Hawaiian nation.. Under the All Writs Act, federal circuit courts of appeal are authorized to compel an inferior court within its circuit to do something that the law says must be done. The Ninth Circuit, this court, and Hawaii state courts have rejected arguments asserting Hawaiian sovereignty. 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