Ka Wai Ola - Office of Hawaiian Affairs, Volume 15, Number 11, 1 Nowemapa 1998 — SUBSTANTIVE RIGHTS [ARTICLE]

SUBSTANTIVE RIGHTS

Native Hawaiian Legal Corp. Attomey Alan Murakami's August

article quoted Federal District Judge David Ezra in Rice vs. Cayetano:" While the United States expressed and pledged to support reconciliation efforts, that bill did not create any substantive rights." Right, judge, there was no need. Nā kānaka maoli NEVER LOST any of our SOVEREIGN RIGHTS. Here are some other cases to refresh our maoli minds: In re Ross (1901) and Hawai'i vs. Mankiehi (1903). "Neitherthe terms of the resolution nor the situation whieh arose from it served to incorporate the Hawaiian Islands into the United States and make them an integral part thereof." This mle was articulated by Justice 01iver Wendell Holmes in a 1902 decision regarding fish ponds, Damon vs. Hawai'i. In United States vs. FullardLeo, the Supreme Court laid down a mle that fully explains the hidden sovereignty remaining to the Nation of Hawai'i. The laws of Hawai'i, the court stated, are our own domestic

laws, whieh, particularly as to title, must be applied as they would by the Kingdom of Hawai'i whose the statutes and practices must be treated as still alive and applicable. Kupuna Alvin Hinau Hilo