A year or two ago on Akaku TV, I participated in a panel discussing the merits of holding another Hawaii State Constitutional Convention. Towards the end of the broadcast, we took a few questions from callers. One was from a younger gentleman in Pukalani, who questioned why we were bothering to argue over a function of – in his view – an illegitimate entity, the State of Hawai’i.

In today’s Maui News Letters, this issue popped back up in a letter from a gentleman in Haiku reporting an attorney’s motion to dismiss a case (probably State v. Akahi), based on the claim that a State court didn’t have jurisdiction to hear it.

I’d ask him on what competent authority he bases his claim that the Court lacks jurisdiction.

A government’s legitimacy flows from the recognition of its standing by enough people within its jurisdiction. As such, its words become more than hot air and ink. Within Hawai’i, this passed from the Kingdom, to the Republic, and hence to the United States. Despite strongly argued opinions to the contrary, the vast majority have lived, learned, worked, fought, and died in a way suggesting their recognition that they live within the “State of Hawai’i”, a constituent part of the “United States”. I’m not claiming everyone is all smiles about the history, but that they recognize what is.

I can’t read the mind of the attorney questioning the Court’s jurisdiction, but if someone were representing me, I’d prefer they stick to the accepted case law, and not waste time on a long shot that the judge is a closet sovereignty advocate. But then, I’m not the pretender to the throne. The day that an entity styled the “Kingdom of Hawai’i” is real in the hearts and minds of enough Hawai’i residents that it can compel action based on its decisions, I’ll revisit my outlook.

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