Sat Mar 23, 2024 11:33 pm by globalturbo
“Na’i Aupuni… Really?“, Pt. 1 of 4… 12-2-15… “Supreme Court blocks Native Hawaiian election vote count”
Posted on 2015/12/19 by kauilapele
I’m posting some brief news notes, one after the other, about this “Na’i Aupuni” business. According to the prior link,Basically, as I understand it, this is part of a process by which the US Department of Interior is trying to encourage “Native Hawaiians” to establish a government-to-government relationship with the US (note that it is “Native Hawaiians” only). Prior to the “overthrow of the Kingdom of Hawai’i, however, the Kingdom consisted of subjects from both the Native Hawaiian community and non-Hawaiians who had moved there or were born in Hawaii). As I, and others, see it, it is an attempt to make a “tribe” out of “Native Hawaiians” that would operate under the “auspices” (aka, control) of the US government.“Na‘i Aupuni is guiding an election, convention and ratification process where all Hawaiians who wish to participate can be heard. Na‘i Aupuni is separate and independent from OHA and the State of Hawai‘i.”
…then farther down that same page, however, it says,
“Na‘i Aupuni is supported by OHA grant funds…” (So is something fishy here?)
Therefore, NO SOVEREIGNTY is possible. In my view, they (DOI) are trying to eliminate any possibility of a fully independent Hawaiian Kingdom returning.
Grassroot Institute of Hawaii brought a case against them, and Justice Kennedy of the US Supreme Court ordered that the counting of votes not be counted. A link and a snip are below.
Supreme Court blocks Native Hawaiian election vote count
“HONOLULU (AP) — The U.S. Supreme Court on Wednesday blocked votes from being counted in a unique election that’s considered a major step toward self-governance for Native Hawaiians.
“The high court granted an injunction requested by a group of Native Hawaiians and non-Hawaiians challenging the election. They argue Hawaii residents who don’t have Native Hawaiian ancestry are being excluded from the vote, in violation of their constitutional rights.
“The order blocks the counting of votes until at least the 9th U.S. Circuit Court of Appeals issues its ruling. The group suing to stop the election appealed a district court’s ruling allowing voting to proceed.”
“Na’i Aupuni… Really?“, Pt. 2 of 4… 12-15-15… “NA‘I AUPUNI TERMINATES ELECTION PROCESS” and “All 196 Hawaiians who ran as candidates will be offered a seat as a delegate to the ‘Aha (convention)”
Posted on 2015/12/19 by kauilapele
So as a result of what was reported in Part 1, Na’i Aupuni put out this announcement, and [url=http://naiaupuni.org/docs/Candidates Letter 12-15-15.pdf]this letter to the candidates[/url], stating what appears in the title.The last post in this series of four, will highlight an article by Dr. Williamson Chang (of University of Hawaii) explaining the “problems” behind this.
For the time being, feel free to read the documents posted at the Na’i Aupuni website:
NA‘I AUPUNI TERMINATES ELECTION PROCESS
[url=http://naiaupuni.org/docs/Candidates Letter 12-15-15.pdf]Letter to Candidates for delegate[/url]
“Na’i Aupuni… Really?“, Pt. 3 of 4… 12-16-15, FreeHawaii.info, “Why You Could Still get the Fed Wreck Shaft”
Posted on 2015/12/19 by kauilapele
Helpful information from Ehu Kekahu Cardwell, about why there is still a challenge to be faced, and what we can individually do to help put a halt to the Na’i Aupuni attempt to create a “Hawaiian nation in US nation”.Here is a link to a page where you may voice your objections and have it automatically submitted to the DOI.
http://ainalahui.com/ (go to the bottom of page and click the link that applies to you (I used the long form… more choices)
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Why You Could Still get the Fed Wreck ShaftThink US Federal Recognition Is No Longer Possible Now That The Na`i Aupuni Election Is Cancelled?
Think Again, Because Theyʻre Pushing Harder Than Ever & Donʻt Plan To Stop Until They Get It.
But Thereʻs More Than Just Those Behind Na`i Aupuni Who Want Fed Wreck & Time Is Running Out To Stop Them.
Watch This To Discover Who They Are, What They Will Take From You If They Get It, & How You Can Stop Them Today.
Then Share This Video Today With Your Family & Everyone You Know.
“Na’i Aupuni… Really?“, Pt. 4 of 4… 12-15-15, Dr. Williamson Chang, UH… “Naʻi Aupuni’s annexation”
Posted on 2015/12/19 by kauilapele
Thanks to Dr. Chang for preparing this article from the Hawaii Independent. I’ve highlighted a few passages, below, and to me, it appears crystal clear that Na’i Aupuni is doing whatever it can to “get around” the Supreme Court ruling. I have a feeling that they have already been “caught” with their hands where they don’t belong.“Naʻi Aupuni, through its attorneys, now states that the rules have once again changed… 1) There will be no tabulation of the votes; 2) All 196 candidates will be assembled as the constitutional convention; 3) Although not explicitly stated, those 196 can create a Native Hawaiian governing body; and 4) The Grassroot Institute of Hawaii lawsuit is alleged to now be “moot” or meaningless, as the suit was to stop an election.
“…out of those 196 candidates, the “independence” delegates will be in the minority, thus giving Naʻi Aupuni its way in creating a government that meets the Federal conditions for a Federally Recognized tribe. The clear message of this action by Naʻi Aupuni is to establish Federal Recognition at any cost, even if it requires violating previously settled terms and conditions of the process.
“Justice Kennedy’s order included 1) not tabulating the votes and 2) not certifying the winning delegates. To render all delegates winners is to violate the prohibition by Justice Kennedy of “certifying” winners. His prohibition on certification was clearly intended to prevent the formation and gathering of any “winners,” no matter how selected (and even if there are no “losers”), that could comprise a constitutional convention.
“…the decision to forego the election retroactively changed the number of delegates to be elected from 40 to 196, transgressing the conditions by which the election was established. The U.S. Supreme Court has does not relinquish its jurisdiction for any case in which a “fraud” is made in an attempt to avoid a clear ruling of the Court. The U.S. Supreme Court inherently has jurisdiction here…”
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Naʻi Aupuni’s annexation
Dr. Williamson Chang
Naʻi Aupuni’s decision to allow all 196 candidates to participate in February’s planned convention is an illegal attempt to circumvent the U.S. Supreme Court and proves that its purpose, all along, was to ensure federal recognition.
There has been a dramatic development in the Naʻi Aupuni elections. The last we heard was that the election and certification had been put on hold by Justice Kennedy and a majority of the United States Supreme Court. Naʻi Aupuni, through its attorneys, now states that the rules have once again changed:
In other words:“NAʻI AUPUNI Update
Dear Voters,
Given that the counting of the votes may be delayed by the legal process for up to a few years, Naʻi Aupuni has decided to terminate the election as of today and to offer all 196 candidates the opportunity to serve as ʻAha delegates from February 1 to 26, at a meeting facility in Kailua, Oahu.
One of the main reasons behind this decision to seat all candidates is that they represent a broad-based spectrum of the Native Hawaiian community and Naʻi Aupuni wants to seize this rare opportunity to organize Native Hawaiians and to propose a path to self-governance.
A Q&A that addresses many issues concerning this change of events as well as the terms that Naʻi Aupuni is offering the candidates to serve as delegates are set forth on the Naʻi Aupuni website, naiaupuni.org
Mahalo nui for supporting the Naʻi Aupuni process and we encourage you to support the upcoming ʻAha!
William Meheula
Sullivan Meheula Lee
A Limited Liability Law Partnership
1) There will be no tabulation of the votes;
2) All 196 candidates will be assembled as the constitutional convention;
3) Although not explicitly stated, those 196 can create a Native Hawaiian governing body; and
4) The Grassroot Institute of Hawaii lawsuit is alleged to now be “moot” or meaningless, as the suit was to stop an election.
While not stated, out of those 196 candidates, the “independence” delegates will be in the minority, thus giving Naʻi Aupuni its way in creating a government that meets the Federal conditions for a Federally Recognized tribe. The clear message of this action by Naʻi Aupuni is to establish Federal Recognition at any cost, even if it requires violating previously settled terms and conditions of the process, “stacking” the convention with their own representatives and completely ignoring the fifteenth amendment, voting rights (which would still be violated) and the procedural due process and substantive due process clause of the fourteenth amendment.
As to the Supreme Court, this is an ultimate, “in-your-face” insult—it defies the power of the Supreme Court under Article III of the U.S. Constitution and amounts to a fraudulent act to avoid the effect of a Supreme Court injunction.
The failure to tabulate the vote is being treated as a “non-election” that, therefore, does not trigger either the 15th amendment or the voting rights act—but that surely cannot be the case. If, in a state election, candidates from one racial group far outnumbered candidates from another racial group, the decision not to tabulate the election and to augment the state legislature to accommodate all who were running—for the purpose that one race could prevail in the state legislature—would have the same depraved effect that the fifteenth amendment and the voting rights act sought to end.
Justice Kennedy’s order included 1) not tabulating the votes and 2) not certifying the winning delegates. To render all delegates winners is to violate the prohibition by Justice Kennedy of “certifying” winners. His prohibition on certification was clearly intended to prevent the formation and gathering of any “winners,” no matter how selected (and even if there are no “losers”), that could comprise a constitutional convention.
Additionally, the Grassroots lawsuit is not necessarily “moot” just because there will be no election. The Grassroots lawsuit was to halt a process in which the election was just one step in a series of steps that would produce a “racially” based federally recognized Indian tribe. Whether the suit is now moot is a question before the Supreme Court of the United States.
The U.S. Supreme Court acted upon its principle in Rice v. Cayetano that the fifteenth amendment and the voting rights act bars race based elections. The decision not to tabulate did not forestall an election, it merely changed the rules of the election such that if any candidate got any vote—even one—they would be elected. Or, in other words, the decision to forego the election retroactively changed the number of delegates to be elected from 40 to 196, transgressing the conditions by which the election was established.
The U.S. Supreme Court has does not relinquish its jurisdiction for any case in which a “fraud” is made in an attempt to avoid a clear ruling of the Court. The U.S. Supreme Court inherently has jurisdiction here, under Article III of the U.S. Constitution, to prevent such a fraud.
These are only some of the issues raised with today’s action by Naʻi Aupuni—an action that severely challenges the notion that the constitutional convention was a neutral convention. It now appears that the convention had but one purpose: the establishment of federal recognition.
Thanks to KP at: https://kauilapele.wordpress.com
