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HAWAII, NOT A 50TH STATE
Hawai‘i Is Not the 50th State: The Case for Illegal U.S. Occupation and Hawaiian Sovereignty In most American classrooms and mainstream narratives, Hawai‘i is presented as the 50th state, a tropical paradise seamlessly woven into the fabric of the United States. But beneath the palm trees and tourism marketing lies a deep, unresolved political truth: Hawai‘i is not legally part of the United States. According to international law, historical treaties, and legal precedent, the U.S. government is an illegal occupier of a sovereign nation—the Hawaiian Kingdom—and has no lawful jurisdiction over Hawaiian subjects. This isn’t a fringe theory. It’s a reality grounded in law, history, and the lived experience of many Kanaka Maoli (Native Hawaiians) and other Hawaiian nationals. The Overthrow: A Crime Against a Sovereign Nation Let’s start with the facts. In 1893, the Hawaiian Kingdom was an internationally recognized, independent nation with formal treaties with major world powers including the United States, Britain, France, Japan, and others. It had a constitution, a functioning government, and its own citizens—referred to here as Hawaiian subjects. That same year, a group of American businessmen and sugar barons, backed by U.S. Marines and orchestrated by U.S. Minister John L. Stevens, overthrew Queen Liliʻuokalani in a coup d’état. The so-called “Provisional Government” they installed had no legitimacy, no democratic mandate, and no legal authority. President Grover Cleveland himself acknowledged this in a message to Congress later in 1893, calling the coup “an act of war” committed without the consent of Congress or the American people. He called for the Queen to be restored and the wrong to be righted. Congress ignored him. Annexation Without a Treaty: A Constitutional Violation The attempted annexation of Hawai‘i in 1898 was never done through a treaty of annexation ratified by the Senate, as required by the U.S. Constitution. Instead, Congress passed a joint resolution—the Newlands Resolution—to claim Hawai‘i. But a joint resolution is a domestic law, not an international treaty. It has no authority to annex foreign territory. To put it simply: Congress cannot pass a law to steal another country. If this sounds like legal sleight of hand, that’s because it is. Legal scholars, including those at the University of Hawai‘i and international law experts, have pointed out that this would be like Japan passing a resolution to annex California—it’s meaningless under international law. International Recognition of the Hawaiian Kingdom The Hawaiian Kingdom had more than 90 embassies and consulates around the world before the overthrow. The nation was recognized by the U.S., the United Kingdom, France, and other major powers. That recognition has never been legally withdrawn. The continuity of the Hawaiian Kingdom’s legal existence is an important point in law. Under the rules of international law, occupation does not transfer sovereignty. An occupying force may control land temporarily, but it does not gain legal ownership or governance over the people or territory. Hawaiian Subjects vs. U.S. Citizens The U.S. government has tried to reframe Hawaiians as American citizens. But for many Kanaka Maoli and descendants of Hawaiian nationals, this is a political fiction. Their legal identity—as subjects of the Hawaiian Kingdom—has never been extinguished. The forced imposition of U.S. citizenship in 1900 and statehood in 1959 does not erase their status as nationals of a sovereign nation. Under the rules of occupation, Hawaiian subjects should be protected under international humanitarian law, not forcibly assimilated into a foreign government system. The Statehood Vote: A Sham Referendum The 1959 plebiscite that led to Hawai‘i’s admission as the 50th state is often touted as a moment of democratic choice. But it offered no real choice at all. Voters were asked to choose between statehood or remaining a U.S. territory. Independence—the restoration of the Hawaiian Kingdom—was not on the ballot. Additionally, the vote was open to anyone residing in the islands, regardless of nationality or allegiance. This meant that many U.S. settlers and military personnel—people with no connection to Hawaiian sovereignty—were able to vote in favor of statehood. This isn’t democracy. It’s colonization dressed up in electoral clothing. What Does This Mean Today? If we accept the argument—based on treaties, history, and law—that the Hawaiian Kingdom was never lawfully annexed, then it follows that: The U.S. has no legal authority in Hawai‘i. The presence of U.S. military bases and federal agencies in the islands is unlawful. Hawaiian subjects are under foreign occupation. The so-called “State of Hawai‘i” has no legal legitimacy. U.S. laws do not apply to Hawaiian nationals unless they consent to them. This is not just an abstract legal debate. It affects land rights, criminal jurisdiction, taxation, and cultural preservation. It explains why so many Hawaiians continue to resist U.S. development projects like TMT on Mauna Kea. It underpins why thousands are reclaiming their identity as Hawaiian Kingdom nationals and seeking justice through international bodies like the United Nations. Occupation Is Not Sovereignty International law is clear: occupation does not equal sovereignty. An occupying power must administer the territory under international humanitarian law until sovereignty is restored. The U.S. has failed to do this. Instead, it has imposed its institutions, profited from the land, and suppressed Hawaiian political identity. Yet the truth persists. And the Hawaiian people have never consented. Conclusion: A Call for Truth and Accountability The U.S. government continues to occupy the Hawaiian Kingdom without lawful authority. The so-called annexation was a political fraud. The statehood vote was rigged by design. The truth is buried beneath decades of propaganda, but it’s not lost. Hawai‘i is not the 50th state. It is an occupied nation, and that occupation must be acknowledged if there is to be any path forward rooted in justice, dignity, and self-determination. This is not about nostalgia or symbolism—it’s about legal truth and moral accountability. And it’s time for the world to listen.
Recognition of Hawaiian Independence
Recognition of Hawaiian Independence Faced with the quintessential problem of foreign encroachment of Hawaiian territory, His Hawaiian Majesty King Kamehameha III deemed it prudent and necessary to dispatch a Hawaiian delegation to the United States and then to Europe with the power to settle alleged difficulties with nations, negotiate treaties and to ultimately secure the recognition of Hawaiian Independence by the major powers of the world. In accordance with this view, Timoteo Ha'alilio, William Richards and Sir George Simpson were commissioned as joint Ministers Plenipotentiary on April 8, 1842. Sir George Simpson, shortly thereafter, left for England, via Alaska and Siberia, while Mr. Ha'alilio and Mr. Richards departed for the United States, via Mexico, on July 8, 1842. The Hawaiian delegation, while in the United States of America, secured the assurance of U.S. President Tyler on December 19, 1842 of its recognition of Hawaiian independence, and then proceeded to meet Sir George Simpson in Europe and secure formal recognition by Great Britain and France. On March 17, 1843, King Louis-Phillipe of France recognizes Hawaiian independence at the urging of King Leopold of Belgium, and on April 1, 1843, Lord Aberdeen on behalf of Her Britannic Majesty Queen Victoria, assured the Hawaiian delegation that "Her Majesty's Government was willing and had determined to recognize the independence of the Sandwich Islands under their present sovereign." On November 28, 1843, at the Court of London, the British and French Governments entered into a formal agreement of the recognition of Hawaiian independence. Anglo-Franco Proclamation"Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the French, taking into consideration the existence in the Sandwich Islands (Hawaiian Islands) of a government capable of providing for the regularity of its relations with foreign nations, have thought it right to engage, reciprocally, to consider the Sandwich Islands as an Independent State, and never to take possession, neither directly or under the title of Protectorate, or under any other form, of any part of the territory of which they are composed. The undersigned, Her Majesty's Principal Secretary of State of Foreign Affairs, and the Ambassador Extraordinary of His Majesty the King of the French, at the Court of London, being furnished with the necessary powers, hereby declare, in consequence, that their said Majesties take reciprocally that engagement. In witness whereof the undersigned have signed the present declaration, and have affixed thereto the seal of their arms. Done in duplicate at London, the 28th day of November, in the year of our Lord, 1843. [L.S.] Aberdeen [L.S.] St. Aulaire" View page 1 and page 2 of the original Anglo-French Proclamation from the United Kingdom archives. On July 6, 1846, U.S. Secretary of State John C. Calhoun, on behalf of President Tyler, afforded formal recogntion of Hawaiian independence. As a result of the recognition of Hawaiian independence the Hawaiian Kingdom entered into treaties with the major nations of the world and established over ninety legations and consulates in multiple seaports and cities. Austria-Hungary in 1875 Belgium in 1862 Bremen in 1851 Denmark in 1846 France in 1857 Germany in 1879 Great Britain in 1851 Hamburg in 1848 Italy in 1863 Japan in 1871 Japan Convention in 1886 Hawaiian-Japanese Executive Agreement Rescinding Consular Jurisdiction in 1893/94 Netherlands and Luxembourg in 1862, William III, King of the Netherlands was also the Grand Duke of Luxembourg New South Wales Postal Convention in 1874 Portugal in 1882 Russia in 1869 Samoa in 1887 Spain in 1863 Swiss Confederation in 1864 Sweden and Norway in 1852 Tahitian Postal Convention in 1853 United States of America in 1849, 1875, 1883, 1884 Universal Postal Union in 1885 with Germany, the United States of America, the Argentine Republic, Austro-Hungary, Belgium, Bolivia, Brazil, Bulgaria, Chile, the United States of Colombia, the Republic of Costa Rica, Denmark, the Dominican Republic, Egypt, Ecuador, Spain, Great Britain, Greece, Guatemala, the Republic of Haiti, the Republic of Honduras, Italy, Japan, the Republic of Liberia, Luxembourg, Mexico, Montenegro, Nicaragua, Paraguay, the Netherlands, Peru, Persia (Iran), Portugal, Romania, Russia, El Salvador, Serbia, the Kingdom of Siam (Thailand), Sweden and Norway, Switzerland, Turkey, Uruguay and the United States of Venezuela. International Criminal Court (November 28, 2012). On December 10, 2012, the insrument of accession was deposited with the Secretary-General of the United Nations acceding to the Rome Statute accepting jurisdiction of the International Criminal Court in The Hague, Netherlands, over Hawaiian territory. Jurisdiction will commence March 4, 2013. 1949 Geneva Convention, IV (November 28, 2012) On January 14, 2013, the instrument of accession was deposited with the Swiss Federal Council, by its Foreign Ministry, whereby the Hawaiian Kingdom is a High Contracting Party. The Fouth Geneva Convention immediately took effect on January 14, 2013 as a result of the prolonged occupation. 1977 Protocol Additional to the Geveva Conventions of 12 August 1949 relating to Protection of Victims of International Armed Conflict (Protocol 1) (December 11, 2013) On December 16, 2013, the instrument of accession was deposited with the Swiss Federal Council, by its Foreign Ministry, whereby the Hawaiian Kingdom is a High Contracting Party. Protocol 1 immediately took effect on December 16, 2013 as a result of the prolonged occupation.
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Explore The Hawaiian Constitutions
**The Constitution of the Hawaiian Kingdom – 1887 (Bayonet Constitution)** **PREAMBLE** Whereas the Constitution of this Kingdom heretofore in force contains many provisions subversive of civil rights and incompatible with enlightened constitutional government: And whereas it has become imperative in order to restore order and tranquility, and the confidence necessary to a further maintenance of the present Government, that the said Constitution should be amended: Now, therefore, His Majesty Kalakaua, King of the Hawaiian Islands, in conjunction with the Legislative Assembly of the Kingdom, and with the approval of His Cabinet, hereby proclaims and promulgates the following amended Constitution of the Hawaiian Kingdom: --- **1840 Constitution of the Hawaiian Kingdom** **PREAMBLE** The Hawaiian Islands were formerly governed without written laws, but in 1840, King Kamehameha III established the first Constitution, transforming the islands into a constitutional monarchy. **ARTICLE I.** There shall be three grand divisions of a regular government: Executive, Legislative, and Judicial. **ARTICLE II.** The King is the Supreme Executive, but his actions shall be guided by law and counsel. **ARTICLE III.** There shall be a Council of Chiefs to advise the King. **ARTICLE IV.** Laws shall be made by the King with the advice and approval of the Council and Representatives. **ARTICLE V.** There shall be judges appointed to preside over the Judiciary. **ARTICLE VI.** A code of laws shall be established and published. **ARTICLE VII.** The people have the right to worship God and to enjoy liberty and property. **ARTICLE VIII.** Taxation and revenue shall be fixed by law. **ARTICLE IX.** The King shall provide for public education. --- **1852 Constitution of the Hawaiian Kingdom** **PREAMBLE** This Constitution was adopted to expand civil rights and define the structure of government more precisely. **DECLARATION OF RIGHTS** (20 Articles) * Guarantees freedom of religion, speech, press, assembly, property, and due process. **EXECUTIVE** * The King shares power with a Kuhina Nui (Premier), both acting with ministers. * Cabinet includes Interior, Foreign Affairs, Finance, and Attorney General. **LEGISLATIVE** * Bicameral Legislature: House of Nobles (appointed) and House of Representatives (elected). * Power to make laws, impose taxes, approve budgets. **JUDICIARY** * Supreme Court and lower courts. * Judges appointed by King with life tenure. **ELECTIONS & CITIZENSHIP** * Male suffrage with minimal property qualifications. * Naturalization procedures defined. **AMENDMENTS** * Required a two-thirds vote of the Legislature. --- **1864 Constitution of the Hawaiian Kingdom** **Promulgated by King Kamehameha V** * Abolished the position of Kuhina Nui. * Replaced bicameral Legislature with a unicameral Legislative Assembly (both nobles and representatives together). * Increased power of the monarchy. * Imposed stricter voting requirements (literacy and property qualifications). * Ministers could sit and speak in the Legislature but could only vote if they were elected members. **KEY ARTICLES** * The King had authority to appoint and remove ministers. * Laws required royal assent. * The Judiciary was independent, with a Supreme Court and lower courts. * Rights of the people were preserved but more narrowly defined. --- **1887 Constitution** \[Content retained here — no changes to existing 1887 Constitution content.] **-----------------------------------------------------------------------------------------** Office of Hawaiian Subjects: These are the Constitutional foundations which govern Hawaiian Subjects under international law. The Kingdom was never lawfully dissolved, and its Constitution remains the highest law of the land.
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