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Showing posts with label US Supreme Court. Show all posts
Showing posts with label US Supreme Court. Show all posts
Tuesday, June 16, 2009
PREVIEW OF LIFE UNDER THE AKAKA BILL
US Supreme Court Says Tribes Have No Religious Rights
Flagstaff, AZ - On Monday, June 8th 2009, the Supreme Court denied the petition by Tribes & Environmental groups to hear a case to protect the holy San Francisco Peaks.
For nearly a decade, the Save the Peaks Coalition, Tribes, Environmental groups, and community members led an effort to stop the Snowbowl ski area’s plan to expand it’s development on the Peaks, and make snow from treated sewage effluent.
The ski resort operates on the Holy Mountain through a lease by the United States Forest Service, which sanctioned the proposed development in 2004.
According to Howard Shanker, attorney for the Navajo Nation, the Havasupai Tribe, the Yavapai-Apache Nation, the White Mountain Apache Tribe, Flagstaff Activist Network, the Center for Biological Diversity and others, and former congressional candidate, “It is unfortunate that the Supreme Court denied our petition for certiorari.
"The Court’s denial serves to perpetuate injustice and the application of bad law regarding the rights of Native Americans to protect sacred and holy sites....
...The Court dismissed Plaintiffs' religious beliefs as calling them mere "damaged spiritual feelings."
Mere Damaged Spiritual Feelings???
US Supreme Court Says Tribes Have No Religious Rights
Flagstaff, AZ - On Monday, June 8th 2009, the Supreme Court denied the petition by Tribes & Environmental groups to hear a case to protect the holy San Francisco Peaks.
For nearly a decade, the Save the Peaks Coalition, Tribes, Environmental groups, and community members led an effort to stop the Snowbowl ski area’s plan to expand it’s development on the Peaks, and make snow from treated sewage effluent.
The ski resort operates on the Holy Mountain through a lease by the United States Forest Service, which sanctioned the proposed development in 2004.
According to Howard Shanker, attorney for the Navajo Nation, the Havasupai Tribe, the Yavapai-Apache Nation, the White Mountain Apache Tribe, Flagstaff Activist Network, the Center for Biological Diversity and others, and former congressional candidate, “It is unfortunate that the Supreme Court denied our petition for certiorari.
"The Court’s denial serves to perpetuate injustice and the application of bad law regarding the rights of Native Americans to protect sacred and holy sites....
...The Court dismissed Plaintiffs' religious beliefs as calling them mere "damaged spiritual feelings."
Mere Damaged Spiritual Feelings???
Tuesday, April 14, 2009
LEGAL FICTION IN THE RECENT US SUPREME COURT STOLEN LANDS DECISION
“American Occupation of the Hawaiian Kingdom - Beginning the Transition from Occupied to Restored State” By Dr. Keanu Sai, PhD
Read It Here
“American Occupation of the Hawaiian Kingdom - Beginning the Transition from Occupied to Restored State” By Dr. Keanu Sai, PhD
Read It Here
Wednesday, April 08, 2009
FREEHAWAII.INFO PRESENTS
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"DON'T MISS THIS!"
What Did The Recent US Supreme Court Decision Really Mean About Hawai`i's Stolen Lands?
What Are Two Key Things That Happened?
Find Out Here What Not To Miss.
FREE HAWAI`I TV
THE FREE HAWAI`I BROADCASTING NETWORK
"DON'T MISS THIS!"
What Did The Recent US Supreme Court Decision Really Mean About Hawai`i's Stolen Lands?
What Are Two Key Things That Happened?
Find Out Here What Not To Miss.
Tuesday, March 31, 2009
BULLETIN!
US SUPREME COURT DECIDES STOLEN LANDS CASE
What Does It Mean?
The US Supreme Court simply remanded the case back to the Hawai`i Supreme Court because the justices unanimously decided this should be decided according to state law, not US federal law.
From the Opinion -
“When a state supreme court incorrectly bases a decision on federal law, the court’s decision improperly prevents the citizens of the State from addressing the issue in question through the processes provided by the State’s constitution.
Here, the State Supreme Court incorrectly held that Congress, by adopting the Apology Resolution, took away from the citizens of Hawaii the authority to resolve an issue that is of great importance to the people of the State.
Respondents defend that decision by arguing that they have both state-law property rights in the land in question and “broader moral and political claims for compensation for the wrongs of the past.” Brief for Respondents 18.
But we have no authority to decide questions of Hawaiian law or to provide redress for past wrongs except as provided for by federal law.
The judgment of the Supreme Court of Hawaii is reversed, and the case is remanded for further proceedings not inconsistent with this opinion.”
If you recall in their questioning during oral arguments, the justices kept asking both AG Mark Bennett and OHA “Why are you here? This matter should be decided by you all back in Hawai`i, not at the federal level.”
Their decision issued today reflects that line of thinking completely.
US SUPREME COURT DECIDES STOLEN LANDS CASE
What Does It Mean?
The US Supreme Court simply remanded the case back to the Hawai`i Supreme Court because the justices unanimously decided this should be decided according to state law, not US federal law.
From the Opinion -
“When a state supreme court incorrectly bases a decision on federal law, the court’s decision improperly prevents the citizens of the State from addressing the issue in question through the processes provided by the State’s constitution.
Here, the State Supreme Court incorrectly held that Congress, by adopting the Apology Resolution, took away from the citizens of Hawaii the authority to resolve an issue that is of great importance to the people of the State.
Respondents defend that decision by arguing that they have both state-law property rights in the land in question and “broader moral and political claims for compensation for the wrongs of the past.” Brief for Respondents 18.
But we have no authority to decide questions of Hawaiian law or to provide redress for past wrongs except as provided for by federal law.
The judgment of the Supreme Court of Hawaii is reversed, and the case is remanded for further proceedings not inconsistent with this opinion.”
If you recall in their questioning during oral arguments, the justices kept asking both AG Mark Bennett and OHA “Why are you here? This matter should be decided by you all back in Hawai`i, not at the federal level.”
Their decision issued today reflects that line of thinking completely.
Wednesday, March 18, 2009
FREEHAWAII.INFO PRESENTS
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"I CAN'T BELIEVE THEY SAID THAT!"
Amazing Things Were Said By The US Supreme Court Justices In The Ceded Lands Case.
Things That Scared & Worried The Fake State & Office Of Hawaiian Affairs.
What Was Said? See For Yourself Here.
FREE HAWAI`I TV
THE FREE HAWAI`I BROADCASTING NETWORK
"I CAN'T BELIEVE THEY SAID THAT!"
Amazing Things Were Said By The US Supreme Court Justices In The Ceded Lands Case.
Things That Scared & Worried The Fake State & Office Of Hawaiian Affairs.
What Was Said? See For Yourself Here.
Monday, March 16, 2009
EYE WITNESS ACCOUNT OF SUPREME COURT HAWAI`I STOLEN LANDS CASE HITS INDIAN COUNTRY TODAY
By Kai Landow
I was one of the few people who got a seat to hear oral arguments in the Supreme Court. The question before the court was whether or not the Apology clouded the title the State held on the “Ceded lands.” The argument between OHA and the State of Hawai`i were essentially the same.
So what were they arguing before the court? And that is exactly what the Justices asked.
Justice Souter interjected “This whole case seems murky to me. Am I missing something?”
I looked over at Haunani Apoliona, chair of the OHA Trustees. Her face was pensive. I could see their greatest fears were materializing.
The parties did not want the court to address the issue of title and for one hour most of the court’s discussion centered on just that, title, ownership of the land.
Well hasn’t the ownership of the land in Hawaii long been settled?
It was surreal to hear the State’s Attorneys General Mark Bennett argue, “Yes we illegally overthrew the Hawaiian Government,” and then to go on to argue the State had “Perfect Title.” Am I missing something, too?
READ THE ENTIRE ARTICLE HERE
By Kai Landow
I was one of the few people who got a seat to hear oral arguments in the Supreme Court. The question before the court was whether or not the Apology clouded the title the State held on the “Ceded lands.” The argument between OHA and the State of Hawai`i were essentially the same.
So what were they arguing before the court? And that is exactly what the Justices asked.
Justice Souter interjected “This whole case seems murky to me. Am I missing something?”
I looked over at Haunani Apoliona, chair of the OHA Trustees. Her face was pensive. I could see their greatest fears were materializing.
The parties did not want the court to address the issue of title and for one hour most of the court’s discussion centered on just that, title, ownership of the land.
Well hasn’t the ownership of the land in Hawaii long been settled?
It was surreal to hear the State’s Attorneys General Mark Bennett argue, “Yes we illegally overthrew the Hawaiian Government,” and then to go on to argue the State had “Perfect Title.” Am I missing something, too?
READ THE ENTIRE ARTICLE HERE
Wednesday, March 11, 2009
FREEHAWAII.INFO PRESENTS
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"THE MISSING LINKS"
What's Missing In The Battle For The Stolen Or Ceded Lands?
What's The One Thing The Fake State Of Hawai`i Is Trying To Fool Everyone About?
& What Did A US Supreme Court Justice Say That Shocked Everyone?
Watch & Find Out.
FREE HAWAI`I TV
THE FREE HAWAI`I BROADCASTING NETWORK
"THE MISSING LINKS"
What's Missing In The Battle For The Stolen Or Ceded Lands?
What's The One Thing The Fake State Of Hawai`i Is Trying To Fool Everyone About?
& What Did A US Supreme Court Justice Say That Shocked Everyone?
Watch & Find Out.
Monday, March 09, 2009
HAWAI`I'S STOLEN LANDS
What Really Happened At The US Supreme Court
By Leon Siu
Reading the newspaper accounts of the State of Hawaii v. the Office of Hawaiian Affairs oral arguments at the Supreme Court I asked myself, were they in the same courtroom that I was?
Hawai`i newspapers put a phony, positive spin on what actually went down.
The state's whole case is built upon the premise that the State of Hawai`i has "indisputable perfect title” to the “ceded lands.”
Well guess what? If their title was “indisputable” and “perfect” why are they in court?
And why have they been in court over this issue for 14 years? Because there is a dispute! There is a question of title!
OHA never challenged the state’s “perfect title” claim and argued instead that according to state laws, the state had a “fiduciary duty,” sort of a moral obligation, to take care of the Native Hawaiians.
That led Justice Ginsburg to ask, “The Native Hawaiians -- they do get 20 percent of the proceeds, correct?”
And the OHA attorney to answer, “That's correct…as a matter of State law they get 20 percent of the revenue from the ceded-lands trust…” (we all looked incredulously at each other…since when?)
Then he clarified, “…though the amount of that revenue has itself been the subject of protracted and unresolved litigation.” Oh, so we get 20%, but not yet! The check’s in the mail… Yeah, right.
Later, Justice Kennedy stated to the OHA attorney: “Your whole case rests on a cloud on the title in favor of your clients. But you - you ignore the cloud on the title that has been entered against the State.”
What Really Happened At The US Supreme Court
By Leon Siu
Reading the newspaper accounts of the State of Hawaii v. the Office of Hawaiian Affairs oral arguments at the Supreme Court I asked myself, were they in the same courtroom that I was?
Hawai`i newspapers put a phony, positive spin on what actually went down.
The state's whole case is built upon the premise that the State of Hawai`i has "indisputable perfect title” to the “ceded lands.”
Well guess what? If their title was “indisputable” and “perfect” why are they in court?
And why have they been in court over this issue for 14 years? Because there is a dispute! There is a question of title!
OHA never challenged the state’s “perfect title” claim and argued instead that according to state laws, the state had a “fiduciary duty,” sort of a moral obligation, to take care of the Native Hawaiians.
That led Justice Ginsburg to ask, “The Native Hawaiians -- they do get 20 percent of the proceeds, correct?”
And the OHA attorney to answer, “That's correct…as a matter of State law they get 20 percent of the revenue from the ceded-lands trust…” (we all looked incredulously at each other…since when?)
Then he clarified, “…though the amount of that revenue has itself been the subject of protracted and unresolved litigation.” Oh, so we get 20%, but not yet! The check’s in the mail… Yeah, right.
Later, Justice Kennedy stated to the OHA attorney: “Your whole case rests on a cloud on the title in favor of your clients. But you - you ignore the cloud on the title that has been entered against the State.”
Wednesday, March 04, 2009
FREEHAWAII.INFO PRESENTS
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"PERFECT TITLE = PERFECT CRIME"
There Were More Than A Few Surprises Last Week As The State Of Hawai`i Tried To Pull Off The Perfect Crime Right In Front Of The US Supreme Court Justices.
What Was It & What Happened?
Watch & Find Out.
FREE HAWAI`I TV
THE FREE HAWAI`I BROADCASTING NETWORK
"PERFECT TITLE = PERFECT CRIME"
There Were More Than A Few Surprises Last Week As The State Of Hawai`i Tried To Pull Off The Perfect Crime Right In Front Of The US Supreme Court Justices.
What Was It & What Happened?
Watch & Find Out.
Thursday, February 26, 2009
Wednesday, February 18, 2009
FREEHAWAII.INFO PRESENTS
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"MILLION DOLLAR LOSERS - OHA'S HIDDEN REPORT"
Incompetent & Unable To Manage Real Estate.
That's What A Report Says About The Office Of Hawaiian Affairs.
It's No Wonder OHA's Been Hiding This From Everyone.
What Else Does It Say? Watch & Find Out.
Click Here To Read The Entire Report
FREE HAWAI`I TV
THE FREE HAWAI`I BROADCASTING NETWORK
"MILLION DOLLAR LOSERS - OHA'S HIDDEN REPORT"
Incompetent & Unable To Manage Real Estate.
That's What A Report Says About The Office Of Hawaiian Affairs.
It's No Wonder OHA's Been Hiding This From Everyone.
What Else Does It Say? Watch & Find Out.
Click Here To Read The Entire Report
Wednesday, February 04, 2009
FREEHAWAII.INFO PRESENTS
FREE HAWAI`I TV
THE FREE HAWAI`I BROADCASTING NETWORK
"STOLEN LANDS SHENANIGANS"
Many Are Attempting To Stop The Sale Of Stolen Hawaiian Kingdom Lands.
But Not All Are Fans Of A Free Hawai`i.
Some Have Their Own Secret Agendas.
Who & What Are They? Watch & Find Out.
FREE HAWAI`I TV
THE FREE HAWAI`I BROADCASTING NETWORK
"STOLEN LANDS SHENANIGANS"
Many Are Attempting To Stop The Sale Of Stolen Hawaiian Kingdom Lands.
But Not All Are Fans Of A Free Hawai`i.
Some Have Their Own Secret Agendas.
Who & What Are They? Watch & Find Out.
Wednesday, December 31, 2008
FREEHAWAII.INFO PRESENTS
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"SAVE HAWAIIAN STOLEN LANDS!"
Last Friday's Protest Was A Success
But Do We Stop Now?
What Three Things Are Critical Next?
Watch & Discover What You Can Do To Help Save Hawaiian Stolen Lands
FREE HAWAI`I TV
THE FREE HAWAI`I BROADCASTING NETWORK
"SAVE HAWAIIAN STOLEN LANDS!"
Last Friday's Protest Was A Success
But Do We Stop Now?
What Three Things Are Critical Next?
Watch & Discover What You Can Do To Help Save Hawaiian Stolen Lands
Wednesday, December 24, 2008
FREEHAWAII.INFO PRESENTS
FREE HAWAI`I TV
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"SHOW YOUR TRUE COLORS"
What Occurred At Yet Another Secret Ceded Lands Meeting Recently?
Why Does Gov. Lingle Want These Stolen Lands So Bad?
What Could They Be Planning They Don't Want You To Know About?
Watch & Find Out.
FREE HAWAI`I TV
THE FREE HAWAI`I BROADCASTING NETWORK
"SHOW YOUR TRUE COLORS"
What Occurred At Yet Another Secret Ceded Lands Meeting Recently?
Why Does Gov. Lingle Want These Stolen Lands So Bad?
What Could They Be Planning They Don't Want You To Know About?
Watch & Find Out.
Wednesday, December 17, 2008
FREEHAWAII.INFO PRESENTS
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"CEDED LANDS SECRET SETTLEMENT EXPOSED"
Scare The Hawaiians!
That's What The State Of Hawai`i Hopes To Do To Get A Secret Ceded Lands Deal With OHA.
Help Put A Stop To It. How?
Watch & Find Out.
FREE HAWAI`I TV
THE FREE HAWAI`I BROADCASTING NETWORK
"CEDED LANDS SECRET SETTLEMENT EXPOSED"
Scare The Hawaiians!
That's What The State Of Hawai`i Hopes To Do To Get A Secret Ceded Lands Deal With OHA.
Help Put A Stop To It. How?
Watch & Find Out.
Wednesday, December 10, 2008
FREEHAWAII.INFO PRESENTS
FREE HAWAI`I TV
THE FREE HAWAI`I BROADCASTING NETWORK
"STOP THIEF!"
The State Of Hawai`i Is Trying To Steal Hawaiian Ceded Lands & Wants The US Supreme Court To Rule They Never Belonged To Hawaiians Anyway.
Outrageous? You Bet!
What Can You Do? Watch & Find Out
FREE HAWAI`I TV
THE FREE HAWAI`I BROADCASTING NETWORK
"STOP THIEF!"
The State Of Hawai`i Is Trying To Steal Hawaiian Ceded Lands & Wants The US Supreme Court To Rule They Never Belonged To Hawaiians Anyway.
Outrageous? You Bet!
What Can You Do? Watch & Find Out
Wednesday, November 19, 2008
FREEHAWAII.INFO PRESENTS
FREE HAWAI`I TV
THE FREE HAWAI`I BROADCASTING NETWORK
"WHAT WE REALLY NEED TO DO"
OHA Says We Need To Protest So The US Supreme Court Decides The Ceded Lands Case In Our Favor.
Yet There's Something Far More Important.
What Is It? Watch & Find Out.
FREE HAWAI`I TV
THE FREE HAWAI`I BROADCASTING NETWORK
"WHAT WE REALLY NEED TO DO"
OHA Says We Need To Protest So The US Supreme Court Decides The Ceded Lands Case In Our Favor.
Yet There's Something Far More Important.
What Is It? Watch & Find Out.
Thursday, October 09, 2008
HAWAI`I NATIONAL SPEAKS OUT ON THE CEDED LANDS CASE BEFORE THE US SUPREME COURT
Fake State Government Tries To Keep Truth Of Land Ownership Hidden
Hawai`i state attorney general Mark Bennett should be careful in pursuing that route of the resolution (the Apology Bill) being symbolic. It may turn around and bite him on the arse!
If a resolution is symbolic or a non-binding wish-list, then the Newlands Resolution (internal US law used to illegally occupy Hawai`i) is also non-binding and symbolic.
The Ku`e Petitions on the other hand, would be considered a plebiscite or referendum of the Hawaiian Subjects which holds more strength and power than a foreign resolution.
I send my personal resolution of best wishes and eviction notice for the US to de-occupy our country, the friendly, neutral, sovereign nation of the Kingdom of Hawai`i.
Aloooha!
Tane
Pearl City, O`ahu
Fake State Government Tries To Keep Truth Of Land Ownership Hidden
Hawai`i state attorney general Mark Bennett should be careful in pursuing that route of the resolution (the Apology Bill) being symbolic. It may turn around and bite him on the arse!
If a resolution is symbolic or a non-binding wish-list, then the Newlands Resolution (internal US law used to illegally occupy Hawai`i) is also non-binding and symbolic.
The Ku`e Petitions on the other hand, would be considered a plebiscite or referendum of the Hawaiian Subjects which holds more strength and power than a foreign resolution.
I send my personal resolution of best wishes and eviction notice for the US to de-occupy our country, the friendly, neutral, sovereign nation of the Kingdom of Hawai`i.
Aloooha!
Tane
Pearl City, O`ahu
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