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Legal status of Hawai‘i

1843–1893: international recognition of Kingdom of Hawai‘i
as an independent and sovereign nation-state

1893: Queen Lili‘uokalani deposed through actions of annexationists
Sanford B. Dole | Lorrin A. Thurston | Committee of Safety
and U.S. minister (ambassador) John L. Stevens

Hawaiian nationalists have disputed the annexationist official
U.S. view of the legal status of Hawai‘i ever since.

Annexationist view

Nationalist view

A purely internal revolution
1893 Provisional Government
1894 Republic of Hawai‘i, recognized
by other countries, hence legitimate
Stated goal: annexation by U.S.

Armed intervention, violated treaties
Start of white-supremacist oligarchy
Illegitimate, no consent of governed
Popular unrest, Wilcox rebellion
1897 Anti-annexation petitions

View supported in U.S. by:
Presidents Harrison & McKinley
John Tyler Morgan
The Morgan Report

View supported in U.S. by:
President Grover Cleveland
James Henderson Blount
The Blount Report

After outbreak of the Spanish-American War in 1898, the U.S. covets Hawai‘i
as a base for waging war in the Philippines / asserting control of the Pacific

1898 Newlands Resolution formally
annexes Hawai‘i without a treaty.
1900 Organic Act defines U.S. admini-
stration of the Territory of Hawai‘i
1959 Admission Act and referendum
make Hawai‘i a U.S. state

No consent of the governed / no treaty,
hence annexation void. Sovereignty of
independent Hawai‘i continues to exist
de jure, though no government is able
to exercise it de facto because of
belligerent occupation by the U.S.

1921 Hawaiian Homes Commission Act
1978 Office of Hawaiian Affairs (OHA)
established by state constitutional
convention and referendum
1993 Apology Resolution (full text)
2005 (proposed "Akaka Bill") Native
Hawaiian Gov't Reorganization Act

Reject "native" status within U.S. as
obscuring clear, non-racial concept
of Kingdom citizenship and sub-
stituting a divisive racial concept
of blood quantum instead. Ultimately
(and improperly) trying to fit Hawai‘i
into an "Indian tribe" model

Key legal arguments behind the two views

Republic legitimately tendered
sovereignty to the United States.
Reach of U.S. law and lawmaking
power thus extends to Hawai‘i

U.S. law is not valid in Hawai‘i, as
international law obliges the U.S. as
occupier to administer the laws of
the Kingdom as occupied country

Large majority vote for statehood
rectifies any earlier lack of consent
and denial of self-determination.
The United Nations decolonization
committee later removed Hawai‘i
from its list of non-self-governing
territories
, so the vote should be
seen as legitimate and binding

Vote flawed (no UN supervision, no
independence option on ballot, no bar
to voting by occupier's military/civilian
migrants); did not meet UN criteria for
true self-determination. Because U.S.
actions had made Hawai‘i nationals
a minority in their own country, a vote
under such circumstances is a sham

See also: History of Hawaii | Hawaiian sovereignty movement