The purpose of this blog of the Council of Regency is to provide accurate information to inform the people of Hawai‘i about the prolonged occupation of the Hawaiian Kingdom and the steps the Council of Regency are taking to eventually bring the American occupation to an end. Misinformation will not be tolerated, especially on matters that have severe consequences for the population that resides within the occupied State of the Hawaiian Kingdom.
It has been asserted, as a comment on the recent blog article “It’s About Law—Native Hawaiian Rights are at a Critical Point for the State of Hawai‘i to Comply with the Law of Occupation,” that there is now a showdown between U.S. Army Major General Kenneth Hara’s duty to transform the State of Hawai‘i into a Military Government and the plenary power of the U.S. Congress. There exists no such thing.
The Congress is the legislative branch of the Government of the United States whose authority includes the enactment of laws and providing oversight of the executive branch. The term plenary power refers to the complete or absolute authority, which is frequently used to describe the commerce power of the Congress. Complete or absolute authority means that only the Congress has this power of enacting commercial laws.
Of the three branches of the U.S. Government—the legislative, the executive, and the judicial, only the executive branch can exercise its authority outside of U.S. territory through the Department of State and the Department of Defense. In United States v. Curtiss-Wright Corporation (1936), U.S. Supreme Court explained:
Not only, as we have shown, is the federal power over external affairs in origin and essential character different from that over internal affairs, but participation in the exercise of the power is significantly limited. In this vast external realm, with its important, complicated, delicate and manifold problems, the President alone has the power to speak or listen as a representative of the nation. He makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude, and Congress itself is powerless to invade it.
On the subject of the limits of the Congress to enact laws, whether commercial laws or not, the U.S. Supreme Court, in the Curtiss-Wright case, also stated:
Neither the Constitution nor the laws passed in pursuance of it have any force in foreign territory unless in respect of our own citizens (see American Banana Co. v. United Fruit Co., 213 U. S. 347, 213 U. S. 356), and operations of the nation in such territory must be governed by treaties, international understandings and compacts, and the principles of international law.
Because the Hawaiian Kingdom is foreign territory and cannot exist within the territory of the United States, Major General Hara’s duty to transform the State of Hawai‘i into a Military Government stem from him being a part of the executive branch, the U.S. Department of Defense. The presence of the United States can only be allowed under the strict guidelines and rules of the 1907 Hague Regulations and the 1949 Fourth Geneva Convention, and not the plenary power of the Congress. The transformation into a military government will bring the United States into compliance with “treaties, international understandings and compacts, and the principles of international law.”
Hahaha and what if their hypotheticals and theories? It’s important that we understand this.
Blessings prayed over you Dr. Sai & all with us in this brave movement ❤️
I have a gut feeling that something big is about to happen. I have had it for a few months now and I cannot shake it…….
I said from the beginning this Empire will fall
The only thing that I’m concerned about is this occupation coming to an end and a peace treaty signed.
Saw on the news today that Hara is retiring… seems really convenient. Will retiring before the deadline free him from accountability?
The governor chose Hara’s replacement, Brigadier general Steven Logan… I wonder if this guy knows (or even cares) what he’s walking into.
Does the deadline start over again because of this or no?
Aloha P., Hara’s retirement doesn’t free him from liability. He has full knowledge of the occupation and his duty under U.S. Military regulations and Itn’l humanitarian Law. If he fails to initiate the military gov’t it would be a dereliction of his duty and a war crime.
ALL proofs HAVE been shown yet the BULLY refuses to give back what it stole nor admit it committed a crime– even after it’s sad apology. Until there’s a higher body holding the BULLY accountable, there appears no apparent motivation to do what is morally right.
Maybe MG Hara doesn’t realize he’d be playing the role of a PEACEKEEPER while wrongs are made right? It would be an honorable, just & respectable role that would make his ENTIRE bloodline proud forever more.
Mahalo our Dear “David” for continuing to fight the GIANT. You’ve been faithfully slinging lawful nuggets towards it, and we all know it’s time for it to fall. KEEP THE FAITH. IMUA!
According to Dictionary.com, a showdown is “a conclusive settlement of an issue, difference, etc., in which all resources, power, or the like, are used; decisive confrontation.”
Humm.
“Decisive” confrontation…
1. SETTLING a matter or conflict; conclusive: the decisive battle in the WAR; the decisive piece of evidence in the lawsuit.
2. Characterized by or showing the ability to make decisions quickly and firmly; RESOLUTE: a decisive leader.
No wonder our isles are currently getting HAARP flooded. While we can blame the enemy I prefer to think our amakua are FLUSHING away all impurities, clearing the way for our new beginnings. IMUA! ♡
I like your thinking, it is refreshing. The principles of natural law are universal and omnipotent, and within us all. Imho any realist who studies IR could see this coming far away. But the trade reckoning for the US government and the USA is going to be huge as BRICS already has the G7 beat by 4% which will only increase year over year because US corporations moved their businesses offshore for profit. The US is now reentering protectionist mode with China and Japan being its top lenders. Tariffs and sanctions effects on various US industries, cost of goods and services, and jobs, will be harmful but for the targetted benefit of few. US industry just can’t compete (excessive capacity) globally, and the US tax base is lost. Nobody including corporations wants to pay more taxes so Congress borrows more and more but not for domestic industry. US tax revenue going to China to pay interest on debt which is funding Chinese military industries and technology. The whole international trade and financial system is now bipolar. The unipolar era where US monopolized and weaponized the petrol dollar is now walking dead. Economic ruination always precedes political ruination. I once read…”A dishonest economic system provides condition for dissolution.” Our Queen imho knew how the living God operated and that such acts would not go unchecked by the principles of natural law. This is evidenced and prophetically pronounced in ‘Ka Wai Apo Lani’ where she wrote, “Hiki mai ke Aloha, a’e pono mai ana, ke kaheka kai kapu a Kane, Ka mole ke a’a o ka ‘aina.”
Love and Righteousness is all we need to return to ‘aina huna o Kane!
RIP Raisi! Let’s go global south and ICC!
May 24, 2024
MG Hara RETIRING, replace by Logan in October 2024? Interesting. Recall Oct was also when military is suppose to leave?
Let’s HOPE Hara at least STARTS the transition to mil gov here soon…
No, the military’s not supposed to leave, they’re supposed to transition to a military government t and administer Hawaiian Kingdom law to comply with international law of occupation.
Actually, the National Guard AG has the duty to transition the state over to a military government but all US active duty military should be leaving due to the termination of the Supplemental convention by the Acting Council of Regency. A lot of moving parts.
Yes. Both are “the military” though, one is federal (title 10 USC armed forces) the other “state” (title 32 UCS armed forces aka national guard), title 32 troops and employees to be transitioned to the military government. But “the military” is not supposed to leave on October 26 2024, just title 10 USC armed forces.
Sorry for confusion. The ‘Pearl Harbor contract’ (I recall), was NOT being renewed by the acting Council of Regency. Saw some doc on that previously. However, the HK ‘royal guard’ aka National Guard WOULD be staying because NG is Hawaii’s. [btw saw a recent documentary on HI’s initial KOA warriors, kinda like Special Forces!]
As for the temp mil government (~3 years) that would help us transition, MG Hara was supposed to be at the helm, right? HOPE he can trigger the change at least before OCT.
Since I’ve never been in mil, I certainly don’t know much on how it all works, yet am trying to learn. <3
There’s no need to apologize, Erin, although I appreciate the sentiment. A lot of people don’t understand certain aspects of the occupation/deoccupation, that’s why I made my comment, so there isn’t any confusion. 🤙🏽
MG Hara is stepping down from his position on October 1st and retiring from the military on November 1st.
You have anything to say about the ICC and Gaza?
I do. The US walked back their concerns about the ICC from territorial jurisdiction to the principle of complimentary when the ICC went after Putin. Now the US and it’s allies are cornered because they’re not investigating anything in good faith under said principle but in fact are obstructing their own legal processes. Who would have figured?! Now the US and Israel are once again threatening the Hague and individuals in the ICC with harm, death threats, sanctions, and even an invasion (Hague invasion clause). Israel’s concern about their settlements in occupied territory is existential because if international law was enforced then as a state, Israel would have to be dissolved and both the UK and US would go down too for Britain’s maladministration of Palestine (Balfour) and US finance and support of Israel settlements in violation of the HC/GC. Israel is our test case.