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Is this the start of a Cold Civil War
#9
Frist I want to post this as it is the ruling on the Case in question (its a PDF):
SCAP-22-0000561.pdf (state.hi.us)

From which the following is taken:
Page 13 of PDF on the Case.
Quote: When the two contain look-alike provisions, Hawaiʻi has chosen not to lockstep with the Supreme Court’s interpretation of the federal constitution. Rather, this court frequently walks another way. Long ago, the Hawaiʻi Supreme Court announced that an “opinion of the United States Supreme Court . . . is merely another source of authority, admittedly to be afforded respectful consideration, but which we are free to accept or reject in establishing the outer limits of protection afforded by . . . the Hawaiʻi Constitution.”

So, the Highest Court in the land is just an opinion that can be tossed aside?

then there was this:
Quote: State constitutions provide a “double security” for the people’s liberty. The Federalist No. 51, at 321 (James Madison) (Isaac Kramnick ed., 1987). Per the Constitution’s design, the Hawaiʻi Constitution supplies an additional guarantee of individual rights.
Lets see the full quote.
From: The Avalon Project : Federalist No 51 (yale.edu)
Quote: In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself. Second. It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Different interests necessarily exist in different classes of citizens. If a majority be united by a common interest, the rights of the minority will be insecure.

Not so much a misquote by the court as it is a misuse by them.

And this tid-bit:
Page 50 and 51 from the PDF on the Case.
Quote: No doubt. Hawaiʻi’s historical tradition excludes an individual right to possess weapons. Hawaiʻi prohibited the public carry of lethal weapons – with no exceptions for licensed weapons – from 1833-1896. Unlicensed public carry of firearms has been illegal from 1896 to the present. Hawaiʻi has never recognized a right to carry deadly weapons in public; not as a Kingdom, Republic, Territory, or State. e.

The Aloha Spirit In Hawaiʻi,
the Aloha Spirit inspires constitutional interpretation. See Sunoco, 153 Hawaiʻi at 363, 537 P.3d at 1210 (Eddins, J., concurring). When this court exercises “power on behalf of the people and in fulfillment of [our] responsibilities, obligations, and service to the people” we “may contemplate and reside with the life force and give consideration to the ‘Aloha Spirit.’” HRS § 5-7.5(b) (2009). The spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities.

In the PDF is a list of Hawaiian laws from the mid to late 1800s. These laws are not really workable in todays society, nor would they work in theory. 
Look here is what HRS § 5-7.5(b) (2009) capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0005/HRS_0005-0007_0005.htm
Quote:  [§5-7.5]  "Aloha Spirit".  (a)  "Aloha Spirit" is the coordination of mind and heart within each person.  It brings each person to the self.  Each person must think and emote good feelings to others.  In the contemplation and presence of the life force, "Aloha", the following unuhi laula loa may be used:
     "Akahai", meaning kindness to be expressed with tenderness;
     "Lokahi", meaning unity, to be expressed with harmony;
     "Oluolu", meaning agreeable, to be expressed with pleasantness;
     "Haahaa", meaning humility, to be expressed with modesty;
     "Ahonui", meaning patience, to be expressed with perseverance.
     These are traits of character that express the charm, warmth and sincerity of Hawaii's people.  It was the working philosophy of native Hawaiians and was presented as a gift to the people of Hawaii.  "Aloha" is more than a word of greeting or farewell or a salutation.  "Aloha" means mutual regard and affection and extends warmth in caring with no obligation in return.  "Aloha" is the essence of relationships in which each person is important to every other person for collective existence.  "Aloha" means to hear what is not said, to see what cannot be seen and to know the unknowable.
     (b)  In exercising their power on behalf of the people and in fulfillment of their responsibilities, obligations and service to the people, the legislature, governor, lieutenant governor, executive officers of each department, the chief justice, associate justices, and judges of the appellate, circuit, and district courts may contemplate and reside with the life force and give consideration to the "Aloha Spirit". [L 1986, c 202, §1]

Now it's great and all that "charm, warmth, and sincerity" is to be considered in the course of a court ruling, but it's about as functional as saying that "Feelz" are more important than fact. Now as I stated many times now, this isn't just a case about gun rights. What is to stop the Hawaiian officials from expressing that only Native Hawaiians can vote in elections, or enjoy freedom from housing local soldiers? Under Traditional Hawaiian laws (as stated in the Cases PDF page 45)
Quote: The only people allowed to carry arms were Kingdom officials and military officers, but only “when worn for legitimate purposes.”
Sounds like Martial Law would allow for mandatory housing of Soldiers to me. 

There is more at stake here than just a gun law, this ruling opens the door to complete dissolution of the American Republic. If other states start following this example, America is as good as gone.
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Messages In This Thread
RE: Is this the start of a Cold Civil War - by guyfriday - 02-09-2024, 07:59 PM

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