hawaiian kingdom blog

There is a common misunderstanding that the Hawaiian Crown is hereditary. In a documentary film on the Council of Regency, Donovan Preza, an Instructor at the University of Hawaii Kapiolani Community College stated: Keanu was a boxer. On May 20, 2021, the Hawaiian Kingdom filed a case in the U.S. federal court: Hawaiian Kingdom v. Biden, et al. On the topic of separation of powers, the U.S. Supreme Court, in Airports Auth. The principle is evidence based and requires defendants in cases that have come before courts of the State of Hawaii since 1994 to provide evidence that the kingdom continues to exist and to not just argue that it exists. And on December 20, 1849, the United States entered into a Treaty of Friendship, Commerce and Navigation with the Hawaiian Kingdom and maintained a Legation (Embassy) in Honolulu and Consulates throughout the islands. Without proof of guilt, the person remains innocent. In 1854, after the death of the King, he succeeded to the throne as Kamehameha IV. Here is what federal courts of appeal say regarding judicial estoppel: According to the First Circuit, judicial estoppel is to be used when a litigant is playing fast and loose with the courts, and when international self-contradiction is being used as a means of obtaining unfair advantage in a forum provided for suitors seeking justice., The Second Circuit states that judicial estoppel is supposed to protect judicial integrity by preventing litigants from playing fast and loose with courts, thereby avoiding unfair results and unseemliness., The Third Circuit established a requirement that the party changed his or her position in bad faith, i.e., in a culpable manner threatening to the courts authority and integrity., The Fourth Circuit applies judicial estoppel to prevent litigants from blowing hot and cold as the occasion demands., According to the Fifth Circuit, litigants undermine the integrity of the judicial process when they deliberately tailor contradictory (as opposed to alternate) positions to the exigencies of the moment., The Sixth Circuit states that judicial estoppel preserves the integrity of the courts by preventing a party from abusing the judicial process through cynical gamesmanship, achieving success on one position, then arguing the opposite to suit an exigency of the moment., The Seventh Circuit seeks to have judicial estoppel to protect the judicial system from being whipsawed with inconsistent arguments., The Eighth Circuit says, the purpose of judicial estoppel is to protect the integrity of the judicial process. 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,i.e.,treaty cession, that it does not exist. In the absence of the evidence that it does not exist, the Hawaiian Kingdom continues to exist as a State under international law. Nike Zoom LJ 4 Long Jump Shoes Men Sz 9.5 Black Indigo -No Tool/Spikes . The cession to Great Britain did not radically change traditional governance, but principles of English governance and titles were instituted. When a motion is filed in court proceedings, the other party, in this case the Federal Defendants, will have to file a motion to oppose or not oppose the filing. 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. Main issues Overthrow of the Hawaiian Kingdom Opposition to the overthrow Legal status of Hawaii The ICA stated, The essence of the lower courts decision is that even if, as Lorenzo contends, the 1893 overthrow of the Kingdom was illegal, that would not affect the courts jurisdiction in this case. Anecdotally, the Hawaiian Kingdom is the 800-pound Gorilla whose home is the Hawaiian Islands. Also, Restatement (Third) of the Foreign Relations Law of the United States, 202, comment g, states that the United States duty to treat a qualified entity as a state also implies that so long as the entity continues to meet those qualifications its statehood may not be derecognized. The United States cannot now claim that it has de-recognized the Hawaiian Kingdom. It is not a guaranty of the state of the title. Thus, Lorenzo does not recognize a fundamental right to build a sovereign Hawaiian nation.. As such, it must transform itself into an Article II Occupation Court. And America has been evading, dancing and sidestepping, not answering the question. There is a distinction between Titles of Nobility and noble lineage. Hereditary descent is a part of Hawaiian law, but it works in tandem and within the limits of Hawaiian constitutional law. The Hawaiian Kingdom v. Biden federal lawsuit is still playing out at the United States District Court for the District of Hawaii, despite the case also being heard by the Ninth Circuit Court of Appeals in San Francisco. Of all the wives, she had the highest chiefly rank and she was acknowledged as such by Kamehamehas Chiefs. By Scott Crawford, Hana, Maui . In Hawaiian Kingdom v. Biden, the United States has not provided any valid demonstration of legal title, or sovereignty, that the Hawaiian Kingdom was extinguished as a State under international law. If the gorilla does exist, Judge Kobayashi will have to change the two Orders and transform the Court into an Article II Occupation Court that administers Hawaiian Kingdom law and the international law of occupation. This consequently placed the Hawaiian Islands in civil unrest under the control of insurgents that received support from Americans in the United States. Lord Byron introduced the fundamental principles of British governance to the chiefs and set them on a course of national consolidation and uniformity. {12} Hawaiian Kingdom History: Kuleana Lands. She provided no evidence to back up her one line statement in these Orders but she did, however, open the door for the Hawaiian Kingdom to respond. After receiving the appeal, the Clerk of the Ninth Circuit issued an Order for the Hawaiian Kingdom to file within 21 days a motion for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. Federal appeals can only be made after the case is over at the trial court level. It is not governed by Baker v. Carr as to the political question doctrine. 222, 883 P.2d 644, 649 (Haw. 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. By this agreement, the United States acknowledged the acts done by the insurgency were not bona fide until after the Queen was restored. Rather, the opposing State has to prove with evidence under international law that the State was extinguished. Phase II would be guided by Section 495Remedies of Injured Belligerent, United States Army FM 27-10, which states, In the event of violation of the law of war, the injured party may legally resort to remedial action ofPublication of the facts, with a view to influencing public opinion against the offending belligerent. The exposure began with the filings of the Hawaiian Kingdom in the arbitration proceedings and its oral arguments on December 8 and 11, 2000, at the PCA, in The Hague, Netherlands, which can be seen in this mini-documentary of the proceedings. This is a classic case of the American pot calling the Russian kettle black. Everybody wants to watch the knockout punch. There is also a common misunderstanding that the State of Texas came about as a result of a joint resolution of Congress in 1845. There is no treaty, but rather a Congressional joint resolution of annexation that was signed into U.S. law on July 7, 1898, by President William McKinley. The most recent citation of Lorenzo by the ICA was in 2021 in Bank of N.Y. Mellon v. Cummings. Khmer is spoken by some 13 million people in Cambodia, where it is the official language.It is also a second language for most of the minority groups and indigenous hill tribes there. In its Motion to Dismiss, the Hawaiian Kingdom explained: Under international law there is a presumption that an established sovereign and independent State, being a subject of international law, continues to exist despite the overthrow of its government. In this case, international law requires that only Article II Occupation Courts that administer the laws of the occupied State and the law of occupation can be established in the territory of the Hawaiian Kingdom. The Federal Defendants are attempting to make an end run on the football field and argue that the Hawaiian Kingdom cannot tackle them. Without jurisdiction it wouldnt be able to have an evidentiary hearing. And when the child is eventually rescued and the power of the abductor eliminated and taken into custody, the child can then return to the family. International law does not permit annexation of territory of another State. cookielawinfo-checkbox-others. According to the Lorenzo principle, the burden of proof was on the defendants in the seventeen cases, and that these defendants did not provide evidence of the Hawaiian Kingdoms existence as a State. Only by means of treaties, it was asserted, can the relations between States be governed, for a legislative act is necessarily without extraterritorial forceconfined in its operation to the territory of the State by whose legislature enacted it. Professor Willoughby also stated, The incorporation of one sovereign State, such as was Hawaii prior to annexation, in the territory of another, isessentially a matter falling within the domain of international relations, and, therefore, beyond the reach of legislative acts.. In other words, the Lorenzo doctrine, when applying international law correctly, would force the title insurance company to pay the claimant his $178,000.00 covered under the owners title insurance policy he had purchased to protect him in case there was a defect in the title. 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. According to The Handbook of Humanitarian Law in Armed Conflicts: The international law of belligerent occupation must therefore be understood as meaning that the occupying power is not sovereign, but exercises provisional and temporary control over foreign territory. Only if there is legal discontinuity at the domestic level because a new government comes to power in some other way, as by coup dtat or revolution, is its status as an international agent of the state open to question. While both the American and Russian actions are unlawful, the Hawaiian Kingdom, like Ukraine, remain independent States under international law together with their territorial integrity intact despite the unlawful annexations. Rather, the prosecutor has to prove beyond all reasonable doubt the guilt of the person. This resulted in the filing of the Notice of Appeal to an Article II Occupation Appellate Court to be hereafter established by the United States as an Occupying State. The U.S. Constitution does not have any legal enforcement outside the United States, and, therefore, federal courts can only operate within U.S. territory. This is an absurd argument and in all 53 cases that applied the Lorenzo principle by the Hawaii Supreme Court and the Intermediate Court of Appeals, and the 17 case that applied the Lorenzo principle in the federal court in Honolulu and by the Ninth Circuit Court of Appeals, not one argued the political question doctrine. When federal court proceedings for Hawaiian Kingdom v. Biden were initiated on May 20, 2021, the courts status as an Article III Court was the primary issue. To do this, the Hawaiian Kingdom is invoking the Lorenzo principle, by applying international law, in order for the Ninth Circuit Court to schedule an evidentiary hearing that will compel the United States to provide the evidence of a treaty of cession and prove that the seventeen cases using the Lorenzo principle were not in error.. Since United States invasion and overthrow of the Hawaiian Kingdom government on January 17, 1893, our Nation has been under prolonged occupation by the United States of America. Article V of the 1848 Treaty of Guadalupe Hidalgo states: The boundary line between the two Republics shall commence in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, otherwise called Rio Bravo del Norte, or Opposite the mouth of its deepest branch, if it should have more than one branch emptying directly into the sea; from thence up the middle of that river, following the deepest channel, where it has more than one, to the point where it strikes the southern boundary of New Mexico; thence, westwardly, along the whole southern boundary of New Mexico (which runs north of the town called Paso) to its western termination; thence, northward, along the western line of New Mexico, until it intersects the first branch of the river Gila; (or if it should not intersect any branch of that river, then to the point on the said line nearest to such branch, and thence in a direct line to the same); thence down the middle of the said branch and of the said river, until it empties into the Rio Colorado; thence across the Rio Colorado, following the division line between Upper and Lower California, to the Pacific Ocean. The Kamehameha, Lunalilo and Kalkaua Dynasties came to a close. Lorenzo lost his appeal because the ICA stated, Lorenzo has presented no factual (or legal) basis for concluding that the Kingdom exists as a state in accordance with recognized attributes of a states sovereign nature. In other words, if Lorenzo did provide the evidence of the Kingdoms existence as a State his appeal would have been granted and his criminal conviction by the trial court overturned. The body of international law governing occupations recognizes that the Occupying Power is responsible for the general administration of the occupied territory and its civilian inhabitants, including the maintenance of public order or safety. Achille Lauro, 937 F.2d 44, 47 (2d Cir. Hawaii's foremost fashion and lifestyle writer, brings decades of journalism experience to her daily blogs. It was confirmed that Liholihos brother, Kauikeaouli, was to be Kamehameha III, but since he was only eleven years old, Kaahumanu would continue to serve as Regent and Kalanimk as Premier. Like Ukraine, the Hawaiian Kingdom was an internationally recognized independent State. On February 14, 1874, King Kalkaua appointed his younger brother, Prince William Pitt Leleihoku, his successor, and was confirmed by the Nobles. Both claim that the political branches of government, which are the President and Congress, no longer recognizes the Hawaiian Kingdom, and until they do federal courts cannot have jurisdiction because it is a question for the political branches to decide first. The Lorenzo principle also separates the Native Hawaiian sovereignty movement and nation building from the continued existence of the Hawaiian Kingdom as a State. The Hawaiian Kingdom filed the appeal so that the records of its case can be preserved for future proceedings. The title insurance claim was that the Owners deed was not lawfully executed according to Hawaiian Kingdom law [because] the notaries public and the Bureau of Conveyance werent part of the Hawaii[an] Kingdom, that the documents in [the claimants] chain of title were not lawfully executed. In other words, theLorenzodoctrine, when applying international law correctly, would compel the title insurance company to pay the claimant his $178,000.00 covered under the owners title insurance policy he had purchased to protect him in case there was a defect in the title. In its motion the Hawaiian Kingdom is asking the Ninth Circuit Court to dismiss the appeal because the Clerk of the District Court of Hawaii transmitted the appeal to the Ninth Circuit in error. 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. The agreed upon conditions of restoration between the United States and the Hawaiian Kingdom provided, a general amnesty to those concerned in setting up the provisional government and a recognition of all its bona fide acts and obligations. Regarding the bona fide acts and obligations, the Queen stated in her letter dated December 18, 1893, to the U.S. Minister Albert Willis, who was negotiating on behalf of President Cleveland, I further solemnly pledge myself and my Government, if restored, to assume all the obligations created by the Provisional Government, in the proper course of administration, including all expenditures for military or police services, it being my purpose, if restored, to assume the Government precisely as it existed on the day when it was unlawfully overthrown.. Phase I was completed when the Permanent Court of Arbitration (PCA) acknowledged the continued existence of the Hawaiian Kingdom as a State for the purposes of its institutional jurisdiction under Article 47 of the 1907 Hague Convention, I, for the Pacific Settlement of International Disputes prior to forming the arbitration tribunal on June 9, 2000. Territorial integrity is acknowledged in article 8 of the treaty that states each of the two contracting parties engages that the citizens or subjects of the other residing in their respective states, shall enjoy their property and personal security, or the subjects or citizens of the most favored nation, but subject always to the laws and statutes of the two countries respectively.. This prompted our meeting where the Ambassador conveyed to the Council that his government was prepared to bring to the attention of the United Nations General Assembly the prolonged occupation of the Hawaiian Kingdom by the United States and to place our situation on the agenda. If there is no evidence that the Hawaiian Kingdom still exists it maintains its jurisdiction. Under international law, it was not the burden of the defendant to provide evidence that the Hawaiian Kingdom exists as a State when theLorenzoCourt already acknowledged its existence and recognition by the United States. While there is a difference in time, the Russian actions bear a striking resemblance to the United States actions in seizing the entire territory of the Hawaiian Kingdom. The purpose of the invasion and overthrow was to secure Pearl Harbor as a naval base of operations to protect the west coast of the United States from invasion by Japan. Under Rule 52(c) of the Federal Rules of Civil Procedure, the Court is required to write findings of fact and conclusions of law as to why the gorilla doesnt exist or why the gorilla does exist. According to Blacks Law Dictionary, a presumption is a rule of law, statutory or judicial, by which finding of a basic fact gives rise to existence of presumed fact, until presumption is rebutted. In other words, presumption is a rule of international law where a recognized independent State is a basic fact that gives rise to the existence of a presumed fact, which is its continued existence until this presumed fact is rebutted with evidence. For any state, the most basic goal of grand strategy is to protect that states territorial and political integrity. The next day Kalkaua appointed his sister, Princess Liliuokalani, as heir-apparent and received confirmation from the Nobles. On July 6, 1898, the war hawks in the Congress passed a joint resolution declaring that the Hawaiian Islands had been annexed and President McKinley signed it into law the following day. The application of the Lorenzo principle, as the common law of the State of Hawaii, should not be deemed by the Court to be incompatible with federal interests because it does not promote the interest of the United States. Thus, Lorenzo does not recognize a fundamental right to build a sovereign Hawaiian nation. Where Ukraine got its independence in 1991 after the collapse of the Soviet Union, the Hawaiian Kingdom achieved its independence when Great Britain and France jointly proclaimed that both countries recognized the Hawaiian Islands as an independent State in 1843. Clerks may err. When the Hawaiian Kingdom filed its Notice of Appeal with the Clerk of the United States District Court for the District of Hawaii on April 24, 2022, it specifically stated that the Hawaiian Kingdom was appealing to a competent Court of Appeals to be hereafter established by the United States as an Occupying Power here in the territory of the Hawaiian Kingdom. The presumption of the continuity of a State is similar to the presumption of innocence. A person on trial does not have the burden to prove their innocence. As Professor Malcolm Shaws wrote, It is, however, clear today that the acquisition of territory by force alone is illegal under international law. And according to The Handbook of Humanitarian Law in Armed Conflicts (1995): The international law of belligerent occupation must therefore be understood as meaning that the occupying power is not sovereign, but exercises provisional and temporary control over foreign territory. This Grand Strategy of the Council of Regency is long term, not short term, and can be compared to Chinas Grand Strategy, which is also long term. I therefore will watch over him agreeably to those ancient words.. The United States has not established competent courts of appeal in the Hawaiian Kingdom or in the United States to address the Hawaiian Kingdoms instant appeal. How did America get Hawaii? Nervell argues that, because Plaintiffs claim is against him in his official capacity, the Court does not possess jurisdiction over him, pursuant to the Vienna Convention. These successors included King Kamehameha IV in 1854, King Kamehameha V in 1863, King Lunalilo in 1873, King Kalkaua in 1874, and Queen Liliuokalani in 1891. The United States explicitly acknowledged Hawaiian independence on July 6, 1844. Recognition of a government is formal acknowledgment that a particular regime is the effective government of a state and implies a commitment to treaty that regime as the government of that state. While Ukraine maintained an embassy in Moscow, and Russia maintained an embassy in Kiev, the Hawaiian Kingdom maintained an embassy in Washington, D.C., and the United States maintained an embassy in Honolulu. District Court Judge Leslie Kobayashi did not terminate the proceedings in Hawaiian Kingdom v. Biden. Absent the evidence, the State continues to exist. This is precisely why the Permanent Court of Arbitration (PCA), in Larsen v. Hawaiian Kingdom, acknowledged the presumption of the continued existence of the Hawaiian Kingdom as a State when the proceedings were initiated on November 8, 1999. Because the Hawaiian Kingdom still exists, so do the laws that apply to real property. It is not in general supposed to have any authority beyond that of a mere temporary nature resulting from some great necessity, and its authority is limited to the 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. The lenders policy coverage reduces as the debt is being paid by the borrower, which will eventually expire once the final payment of the loan is made. There appears to be some confusion as to who needs to prove that the Hawaiian Kingdomthe 800-pound Gorilla in the room continues to exist as a sovereign and independent State despite its government being unlawfully overthrown on January 17, 1893, by the United States military and occupied for over a century. 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. According to Professor Peterson: A government succeeding to power according to the constitution, basic law, or established domestic custom is assumed to succeed as well to its predecessors status as international agent of the state. By virtue of this Order you have been assembled, to elect by ballot, some native Alii of this Kingdom as Successor to the Throne. Hawaiian big bud 0-1-3 is a liquid mid stage bloom stimulant that will help give you the biggest yields possible for your garden. In Hawaiian Kingdom v. Biden, the United States filed a Motion to Dismiss the Hawaiian Kingdoms Amended Complaint claiming that Hawaii was annexed by a joint resolution of Congress in 1898 and that Hawaii is the 50th State of the Union since 1959. To move from an heir to heir-apparent is when the Monarch nominates you as successor among the other heirs, and the nominee receives confirmation from the Nobles. When the Lorenzo Court acknowledged that Lorenzo did state in his motion to dismiss the indictment that the Hawaiian Kingdom was recognized as an independent sovereign nation by the United States in numerous bilateral treaties, it set the presumption to be the Hawaiian Kingdoms existence as a State under international law and not the existence of the State of Hawaii as a political subdivision of the United States. Proceedings in Hawaiian Kingdom v. Biden is drawing attention to the United States and State of Hawaii actions of the past. On January 8, 1873, the Cabinet serving as a Council of Regency convened the Legislative Assembly into Extraordinary Session. Because of the international rule of the presumption of continuity of a State despite the overthrow of its government, the question was not whether the Hawaiian Kingdom does continue to exist but rather can Judge Kobayashi state with evidence that the Hawaiian Kingdom does not continue to exist. When the Hawaiian Kingdom was transformed into a constitutional monarchy, written laws became the legal foundation for the kingdom. There have been seventeen federal cases that applied the Lorenzo principle, two of which came before the Ninth Circuit Court. Hawaii an independent country under prolonged illegal occupation. In a court proceeding, the presumption rule is the cornerstone of the rule of law and the basis for a fair trial. After eleven months of these court proceedings, the Hawaiian Kingdom was finally able to corner Judge Kobayashi to legally compel her to answer the question of extinguishment after she made it an issue in her Order of March 30, 2022 and Order of March 31, 2022. Donovan Prezas Fourth of Four Presentations United Church of Christ Kuleana Lands, Donovan Prezas Third of Four Presentations United Church of Christ Konohiki Lands Kings Crown Lands, Donovan Prezas Second of Four Presentations United Church of Christ Government Lands, Donovan Prezas First of Four Presentations United Church of Christ An Overview of the Great Mahele, Dr. Ron Williams Fourth of Four Part Series United Church of Christ I ka W Mamua, ka W Mahope (Future is in the Past), The American Pot calling the Russian Kettle Black, treaty of friendship, cooperation, and partnership between Ukraine and the Russian Federation, treaty of friendship, commerce and navigation between the Hawaiian Kingdom and the United States, The Handbook of Humanitarian Law in Armed Conflicts, Backstory Larsen v. Hawaiian Kingdom at the Permanent Court of Arbitration (1999-2001), Dr. Ron Williams Third of Four Part Series United Church of Christ Poe Karitiano Oiaio, Dr. Ron Williams Second of Four Part Series United Church of Christ Heueu Hou: Sons of the Mission and the Shaping of a New Mission, 1863-1888, 49 not 50 States of the United States of America, Dr. Ron Williams First of Four Part Series United Church of Christ The American Protestant Mission to the Hawaiian Islands: The Early Mission (1820-1863), UPDATE Hawaiian Kingdom v. Biden: The United States Unlawful Actions in Hawaii since 1893 have Come Home to Roost, International Association of Democratic Lawyers, Dr. Sais Fourth of a Four Part Series United Church of Christ The Road to Recovery of Ending the American Occupation, Dr. Sais Third of a Four Part Series United Church of Christ The Illegal Overthrow of the Government of the Hawaiian Kingdom and the Continued Existence of the Hawaiian State, UPDATE: Hawaiian Kingdom files Motion for Evidentiary Hearing to Compel the Federal Defendants to Prove the Hawaiian Kingdom Does Not Exist According to the Lorenzo Principle, UPDATE for Hawaiian Kingdom v. Biden: Hawaiian Kingdom Files Supplement to its Motion to Appeal after Judge Kobayashi Issues latest Order on Friday, Hawaiian Kingdom v. Biden: Federal Judge Acknowledges the Hawaiian Kingdom Continues to Exist under International Law. As a State is similar to the presumption rule is the cornerstone the. 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