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Thread: Hawaii court says 'spirit of Aloha' supersedes Constitution, Second Amendment

  1. #1

    Hawaii court says 'spirit of Aloha' supersedes Constitution, Second Amendment

    Hawaii court says 'spirit of Aloha' supersedes Constitution, Second Amendment

    https://www.msn.com/en-us/news/us/ha...4f805aab&ei=24

    Story by Thomas Catenacci 8 Feb 2024

    Hawaii's highest court ruled Wednesday that Second Amendment rights as interpreted by the U.S. Supreme Court do not extend to Hawaii citizens, citing the "spirit of Aloha."

    In the ruling, which was penned by Hawaii Supreme Court Justice Todd Eddins, the court determined that states "retain the authority to require" individuals to hold proper permits before carrying firearms in public. The decision also concluded that the Hawaii Constitution broadly "does not afford a right to carry firearms in public places for self defense," further pointing to the "spirit of Aloha" and even quoting HBO's TV drama "The Wire."

    "Article I, section 17 of the Hawaii Constitution mirrors the Second Amendment to the United States Constitution," the Hawaii Supreme Court decision states. "We read those words differently than the current United States Supreme Court. We hold that in Hawaii there is no state constitutional right to carry a firearm in public."

    "The spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities," it adds. "The history of the Hawaiian Islands does not include a society where armed people move about the community to possibly combat the deadly aims of others."
    Another mark of a tyrant is that he likes foreigners better than citizens, and lives with them and invites them to his table; for the one are enemies, but the Others enter into no rivalry with him. - Aristotle's Politics Book 5 Part 11



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  3. #2
    does not include a society where armed people move about the community to possibly combat the deadly aims of others."
    I have a problem believing this.
    Last edited by WarriorLiberty; 02-09-2024 at 01:03 AM.

  4. #3
    Then Hawaii should secede. They shouldn't be part of the US, anyway. I'm not dissing the Hawaiians, either. It's their culture which is entirely unrelated to what was founded here.
    You've got Sharia patrols in the USA..?

    No, not in America, only in the big cities. there are no americans there, only democrats.

  5. #4
    Man, thats $#@!ing ironic.

    Considering how Hawaii became a part of the US.

    It was literally taken over by our military at gunpoint.
    "An idea whose time has come cannot be stopped by any army or any government" - Ron Paul.

    "To learn who rules over you simply find out who you arent allowed to criticize."

  6. #5
    Hawaiians are not Americans and the Bill of Rights shouldn't apply to the States. Perhaps in the next Congress we can vote them out of the Union.

  7. #6
    100% for Hawaii to secede. They should be free to refer to their cultural norms and create rules and laws that conform to them.

    Free trade and good relations, as far as we should be concerned, and nothing else.

    (There's no way Uncle Sugar is gonna give up Pearl Harbor, though).

  8. #7
    peal
    off
    that
    star
    FLIP THOSE FLAGS, THE NATION IS IN DISTRESS!


    why I should worship the state (who apparently is the only party that can possess guns without question).
    The state's only purpose is to kill and control. Why do you worship it? - Sola_Fide

    Baptiste said.
    At which point will Americans realize that creating an unaccountable institution that is able to pass its liability on to tax-payers is immoral and attracts sociopaths?

  9. #8
    Quote Originally Posted by familydog View Post
    Hawaiians are not Americans and the Bill of Rights shouldn't apply to the States. Perhaps in the next Congress we can vote them out of the Union.
    Considering what FEMA and the EPA are doing to them in Maui, I'm sure they'd appreciate that.



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  11. #9

    Nice reality if you can get it

    Quote Originally Posted by Anti Federalist View Post
    "The spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities," it adds. "The history of the Hawaiian Islands does not include a society where armed people move about the community to possibly combat the deadly aims of others."
    "The spirit of Aloha" permits only this behavior:
    https://www.youtube.com/watch?v=StghZ_6R5UE


    (P.S. The singer is Felix Knight who also played "Tom-Tom" in March of the Wooden Soldiers.)

  12. #10
    chumps
    Do something Danke

  13. #11
    Sounds like Hawaii now has a completely good reason to want to secede.
    "Perhaps one of the most important accomplishments of my administration is minding my own business."

    Calvin Coolidge

  14. #12
    Coconut sling shots.
    Last edited by unknown; 02-09-2024 at 09:51 PM.

  15. #13
    Since Hawaii is full of $#@!libs, I'm guessing that if it comes to the 2nd amendment or keeping the welfare state, they would not secede.
    You've got Sharia patrols in the USA..?

    No, not in America, only in the big cities. there are no americans there, only democrats.

  16. #14

    So, what happens next?

    What's the recourse when a state's highest court refuses to accept the Supreme Court's ruling?

    And since when - by any stretch of the imagination - can the 'spirit of Aloha' be considered a legal standard?

    Seems like Hawaii's high court is guilty of "insurrecting". Will there be some other type of lawsuit? Disqualification of these particular judges? Expulsion? What remedial sanctions exist? Anyone know?
    Last edited by Valli6; 02-10-2024 at 11:13 AM.

  17. #15
    Quote Originally Posted by Valli6 View Post
    What's the recourse when a state's highest court refuses to accept the Supreme Court's ruling?

    And since when - by any stretch of the imagination - can the 'spirit of Aloha' be considered a legal standard?

    Seems like Hawaii's high court is guilty of "insurrecting". Will there be some other type of lawsuit? Disqualification of these particular judges? Expulsion? What remedial sanctions exist?
    Nothing.

    That's what happens next.

    This regime only pressures states like Texas on the border issue, not uni-party Marxist states like Hawaii on gun grabbing.
    Another mark of a tyrant is that he likes foreigners better than citizens, and lives with them and invites them to his table; for the one are enemies, but the Others enter into no rivalry with him. - Aristotle's Politics Book 5 Part 11

  18. #16

    ?!

    Quote Originally Posted by Anti Federalist View Post
    Nothing.

    That's what happens next.

    This regime only pressures states like Texas on the border issue, not uni-party Marxist states like Hawaii on gun grabbing.
    Off the top of my head, I can't recall instances of this happening without there being attempts to take it to a higher court - which is moot if the SC has already ruled, and "the spirit of Aloha" has become your new legal standard. But has there been any such blatantly nutty rulings as this before? They are putting this fantasized "spirit" above the Supreme Court. They don't want to allow God into any legal equations, but somehow this folklore, not-clearly-defined, feelgood "spirit" is now the supreme authority?

    Considering all this - anyone have any theories/perspectives, or perhaps read about ways this childishness might be rectified in an adult manner from a legal standpoint? I just can't believe this will be allowed to stand! Surely, the judges have broken their oaths and must be kicked off the bench?



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  20. #17
    Quote Originally Posted by Valli6 View Post
    Off the top of my head, I can't recall instances of this happening without there being attempts to take it to a higher court - which is moot if the SC has already ruled...
    It could still go to the SCOTUS.

  21. #18
    Quote Originally Posted by Valli6 View Post
    Off the top of my head, I can't recall instances of this happening without there being attempts to take it to a higher court - which is moot if the SC has already ruled, and "the spirit of Aloha" has become your new legal standard. But has there been any such blatantly nutty rulings as this before? They are putting this fantasized "spirit" above the Supreme Court. They don't want to allow God into any legal equations, but somehow this folklore, not-clearly-defined, feelgood "spirit" is now the supreme authority?

    Considering all this - anyone have any theories/perspectives, or perhaps read about ways this childishness might be rectified in an adult manner from a legal standpoint? I just can't believe this will be allowed to stand! Surely, the judges have broken their oaths and must be kicked off the bench?
    Yeah, I was being snarky, sorry.

    It will most likely get appealed to SCOTUS and they will more than likely strike it down.
    Another mark of a tyrant is that he likes foreigners better than citizens, and lives with them and invites them to his table; for the one are enemies, but the Others enter into no rivalry with him. - Aristotle's Politics Book 5 Part 11

  22. #19
    Quote Originally Posted by susano View Post
    Since Hawaii is full of $#@!libs, I'm guessing that if it comes to the 2nd amendment or keeping the welfare state, they would not secede.
    Yeah, I’m not sure how much to blame Hawaiian culture vs the New York and California leftists who have moved there to turn it into another failed Democrat socialist state.
    "Foreign aid is taking money from the poor people of a rich country, and giving it to the rich people of a poor country." - Ron Paul
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    "Debt is the drug, Wall St. Banksters are the dealers, and politicians are the addicts." - B4L
    "Totally free immigration? I've never taken that position. I believe in national sovereignty." - Ron Paul

    Proponent of real science.
    The views and opinions expressed here are solely my own, and do not represent this forum or any other entities or persons.

  23. #20
    Quote Originally Posted by Brian4Liberty View Post
    Yeah, I’m not sure how much to blame Hawaiian culture vs the New York and California leftists who have moved there to turn it into another failed Democrat socialist state.
    It could be that the indigenous Hawaiians, as is common among all indigenous groups who are or were homogeneous, that's it natural that the community takes care of each other. When the US welfare state moved in, what the community did for each other was gradually replaced by the government doing it.
    You've got Sharia patrols in the USA..?

    No, not in America, only in the big cities. there are no americans there, only democrats.

  24. #21
    Another mark of a tyrant is that he likes foreigners better than citizens, and lives with them and invites them to his table; for the one are enemies, but the Others enter into no rivalry with him. - Aristotle's Politics Book 5 Part 11

  25. #22
    The Bastiat Collection · FREE PDF · FREE EPUB · PAPER
    Frédéric Bastiat (1801-1850)

    • "When law and morality are in contradiction to each other, the citizen finds himself in the cruel alternative of either losing his moral sense, or of losing his respect for the law."
      -- The Law (p. 54)
    • "Government is that great fiction, through which everybody endeavors to live at the expense of everybody else."
      -- Government (p. 99)
    • "[W]ar is always begun in the interest of the few, and at the expense of the many."
      -- Economic Sophisms - Second Series (p. 312)
    • "There are two principles that can never be reconciled - Liberty and Constraint."
      -- Harmonies of Political Economy - Book One (p. 447)

    · tu ne cede malis sed contra audentior ito ·

  26. #23
    3d printer go “brrrr.”
    Chris

    "Government ... does not exist of necessity, but rather by virtue of a tragic, almost comical combination of klutzy, opportunistic terrorism against sitting ducks whom it pretends to shelter, plus our childish phobia of responsibility, praying to be exempted from the hard reality of life on life's terms." Wolf DeVoon

    "...Make America Great Again. I'm interested in making American FREE again. Then the greatness will come automatically."Ron Paul

  27. #24
    This story from OCT 19, 2022 includes details of the arrest which occured on Dec. 7, 2017.
    Prosecution appeals ruling to dismiss gun charges against man
    OCT 19, 2022

    WAILUKU — Proceedings have been suspended in the criminal case against a man who had a gun when he was arrested on a trespassing charge, while the prosecution appeals a judge’s ruling that dismissed firearm charges.

    The dismissed charges against Christopher Wilson, 46, of Paia alleged he kept a firearm in an improper place and kept ammunition in an improper place in connection with his arrest Dec. 7, 2017.

    Police were called after the owner of Flyin Hawaii Zipline in the West Maui Mountains was alerted at 11 p.m. Dec. 6, 2017, that trespassers had entered the property, according to information in court records.

    Police waited on the roadside while the owner, who was armed with an AR-15 assault rifle, and an employee located three hikers who told police they were hiking to look at the moon and native plants, according to the information.

    After a hiker said others might be on the private trail, the owner went back to search and returned about 10 minutes later with Wilson, who told police he had a handgun in his front waistband that he was carrying for self-defense, according to the court information.

    Police reported recovering a .22-caliber handgun loaded with a 10-round magazine.

    In an Aug. 17 ruling, 2nd Circuit Judge Kirstin Hamman granted a defense request to dismiss the two charges.

    The ruling said Wilson “was carrying the firearm on the trail for self-defense purposes — conduct protected by the Second Amendment.”...

    https://www.mauinews.com/news/local-...es-against-man



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