Ka Wai Ola - Office of Hawaiian Affairs, Volume 11, Number 10, 1 October 1994 — Is state sovereignty a possibility? [ARTICLE+ILLUSTRATION]

Is state sovereignty a possibility?

by Rowena Akana Trustee-at-large Hawai'i is a diverse, multifaceted culture, one that is distinct from that of the Mainland. Solutions to many of the problems concerning Hawaiian voters require a historical knowledge

and cultural sensitivity that those who are not kama'āina simply do not have. The unconstitutional procedure by whieh Hawai'i was annexed to the United States of America offers Hawai'i a unique opportunity to lead a renewed battle for the resurrection of the powerful priociple of state sovereignty. The U. S. Constitution allows for the annexation of new territory by two means

and by two means only, conquest and a treaty ratified by Congress. President McKinley knew that he did not have the two-thirds of the Congress that he needed to ratify a treaty of annexation. Rather. he chose to pass a Joint Resolution calling for annexation. Although creative, this method is not provided for anywhere in the Constitution. To the great 1 9th century orator, Stephen Douglas, states incorporated legally into the Union were co-equal and sovereign unto themselves. In his celebrated debates with Lineoln (echoing the Declaration of Independence whieh states that, "these United States are, and of right ought to be Free and Independent States"), Douglas said, "This government was made upon the great basis of the sovereignty of the states, the right of eaeh state to regulate its own domestic institutions to suit itself, and that right was conferred with the understanding and expectation that inasmuch as eaeh locality had separate interests, eaeh locality must have different and distinct loeal domestic institutions, corresponding to its wants and interests." In another speech during the debates Douglas added that "the (Founding Fathers) provided that eaeh state should retain its own legislature, and its own sovereignty wiih the full and complete power to do as it pleased within its own limits." Despite these and many other ringing endorsements of state sovereignty, Article I section 8 of

the Constitution (the "implied powers" clause). Aniele VI (the "supremacy" clause) and the 14th Amendment (guaranteeing equal protection under the law) are interpreted today as defensive of a strong federal prerogative. Hawai'i, on the other hand, has a uniquely ten-

uous constitutional status as a member of the Union, whieh could conceivably make its exercise of state sovereignty very feasible. If enacted, Hawai'i*s success or failure could serve as a model for the 49 other states. Our experimenl could tell them whether or not they too wish to control their own destiny. Too many of our hard-eamed tax dollars are squandered annually

supporting top-heavy federal bureaucracy. Think of how mueh more we could do with that money if we kept it here in Hawai'i. Instead of wasting our money on pork barrel spending, we could fund projects that more accurately reflected the needs of loeal residents. Increased state sovereignty for Hawai'i would benefit all residents, Hawaiians and nonHawaiians alike. The sovereignty movement would benefit from this new political relationship with Washington D.C. in a number of important ways. For instance, sovereign initiatives would not need to wait for recognition from the federal government before they were considered "validated." Furthermore, such perennially sticky questions such as the nature of the federal government's trust responsibility to Hawaiians and the Hawaiian's right to sue for breach of trust would be moot. The time has eome for us to formulate a new polilieal relationship that would enable these changes to take plaee and keep our kālā where it belongs — - at home. First and foremost, this means altering Hawai'i's relationship with Washington, D.C. Federal power must be substantially weakened in favor of significantly broadened state power. This would increase both our fiscal independence and the autonomy of our legislation. With increased state power, loeal issues ean be addressed by loeal people with loeal knowledge.