The purpose of this blog of the Council of Regency is to provide accurate information to inform the people of Hawai\u2018i 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.<\/p>\n\n\n\n
It has been asserted, as a comment on the recent blog article \u201cIt\u2019s About Law\u2014Native Hawaiian Rights are at a Critical Point for the State of Hawai\u2018i to Comply with the Law of Occupation<\/a><\/strong>,\u201d that there is now a showdown between U.S. Army Major General Kenneth Hara\u2019s duty to transform the State of Hawai\u2018i into a Military Government and the plenary power of the U.S. Congress. There exists no such thing.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n Of the three branches of the U.S. Government\u2014the 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<\/a><\/em><\/strong> (1936), U.S. Supreme Court explained:<\/p>\n\n\n\n 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. <\/p>\n<\/blockquote>\n\n\n\n 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:<\/p>\n\n\n\n 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.,<\/em>\u00a0213 U. S. 347<\/a>,\u00a0213 U. S. 356<\/a><\/strong>), and operations of the nation in such territory must be governed by treaties, international understandings and compacts, and the principles of international law.<\/p>\n<\/blockquote>\n\n\n\n Because the Hawaiian Kingdom is foreign territory and cannot exist within the territory of the United States, Major General Hara\u2019s duty to transform the State of Hawai\u2018i 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<\/a><\/strong> and the 1949 Fourth Geneva Convention<\/a><\/strong>, 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.”<\/p>\n","protected":false},"excerpt":{"rendered":" The purpose of this blog of the Council of Regency is to provide accurate information to inform the people of Hawai\u2018i about the prolonged occupation of the Hawaiian Kingdom and the steps the Council of Regency are taking to eventually … Continue reading \n
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