KINGDOM OF HAWAI'I

THE RESTORATION CONSTITUTION OF THE KINGDOM OF HAWAI’

PROPOSED FOR ADOPTION BY THE VOTE OF
THE KANAKA MAOLI NATIONALS WORLDWIDE
(ALL PERSONS OF HAWAIIAN DESCENT)
IN THE INDEPENDENTLY MONITORED
NATIONAL ELECTIONS OF THE KINGDOM OF HAWAI’I
TO BE HELD BY MAILED IN BALLOT VOTING AUGUST 1^st thru OCTOBER 31^st 2009

RESTORATION CONSTITUTION INDEX

UPDATED 4.19.2009

Constitution of The Kingdom of Hawaii

Preamble
Aloha Ke Akua

We the Kanaka Maoli Nationals, defined as all persons descendant from the original inhabitants of the Hawaiian Archipelago, reaffirm our heritage, sacrifices, wisdom and “Onipa’a (steadfastness) of our late Mo’i Wahine, Lydia Kamaka’eha Lili’uokalani Paki and all our All’l, Kahuna (specialists), and Maka’ainana (people) from each of the Mokupuni o Hawai’i Neil, mindful of the Divine heritage and National creed which ke Akua has endowed upon us, and the legacy of Our Ancestors, who exercised sovereignty in a highly developed system of government based upon Aloha’ Ana, and who lived in and occupied the Archipelago of Hawai’i since time immemorial;

We the Kanaka Maoli Nationals appeal to the Supreme Justice of the world, ke Akua, and Our Ancestors, for the integrity of our intentions, as we unite to protect our sacred lives and honor;
We the Kanaka Maoli Nationals have been subjected to the disbanding of our government by the United States of America through force of arms, and have been subjected to internationally recognized crimes of Genocide and Crimes Against Humanity as defined in the Nuremberg laws;

We the Kanaka Maoli Nationals have been united as a nation for over one hundred and fifty years, and have the right to be free and independent, unfettered by any foreign power;

We the Kanaka Maoli Nationals do hereby restate and reaffirm our Independence among the Nations of the World;

We the Kanaka Maoli Nationals reaffirm our right to self-determination as a people, and by virtue of that right, we freely determine to restore our governance over our lands and to restore our political, economic, social and cultural rights;

We the Kanaka Maoli Nationals maintain our spiritual relationship with nature and all our surroundings, in universal harmony, for the rights of humanity, in peace, love, and understanding;

We the Kanaka Maoli Nationals maintain Divine justice and liberty to be guided by ke Akua and Our Kupuna, and those who are here with us today to light the way;

We the Kanaka Maoli Nationals shall maintain a government of the people, by the people and for the people, to protect and preserve our lands and cultural heritage in perpetuity for the future of our posterity;

We the Kanaka Maoli Nationals maintain “Olelo Makuahine” as the official language of our Kingdom;

We the Kanaka Maoli Nationals reaffirm and maintain the ‘Ohana System of our society as a whole whereby Kupuna advise and consent, Makua act and lead, and “Opio help and learn;

We accept the validity of our Kingdom's Constitution of 1864. We reject the validity of the "Constitution of 1887" as the same was obtained by coercion by threat of arms;

We further declare and recognize that our last lawful Monarch, Queen Lilio'uakalani died without children and that under our 1864 Constitution, it is the right and duty of our Legislature to determine who shall be our Monarch that is impossible to convene our Legislature for this or any other purpose as the House of Nobles which is an integral and necessary part of our Legislature cannot be determined as to its membership except by designation of it membership by our Monarch. Without a Monarch, there can be no Legislature and without a Legislature there can be no Monarch so long as the 1864 Constitution is in effect.

We declare that we, the citizens of the sovereign Nation of the Kingdom of Hawai'i, have the inherent right to adopt a new Constitution in order to elect a Legislature, determine our Monarch and establish a government, thereby renewing our nation's governance of the Hawaiian Archipelago which governance has been denied to our nation since 1893 by the United States which disbanded our lawful government by its invasion of our nation in 1893 and has since 1893 refused to honor or to reinstate our laws, courts and legislature as required of the United States by the Hague Convention IV to which it has agreed to be bound.

We declare that our Kingdom has never entered into any treaty with the United States providing for the annexation of our nation by the United States, nor has our Kingdom heretofore entered into any treaty with the United States providing for the cession of our sovereignty or lands to the United States. The unilateral annexation by the United States of our nation and our lands into the United States without our nation's consent by a treaty of annexation has no binding effect on our nation under international law. The occupation of our Kingdom by the United States in an illegal military occupation of our Kingdom governed by the provisions of the Hague Convention IV and by the provisions of the Geneva Convention.

Thereby, We the People of the Kingdom of Hawai’i, do hereby ordain and establish this Constitution, hereby revoking all prior Constitutions of our Kingdom.

This Constitution shall be known as the Restoration Constitution of the Kingdom of Hawai’i and shall be enacted by the majority vote of the voting Kanaka Maoli Nationals worldwide. The first Head of State elected pursuant to this Constitution shall certify to the adoption of this Constitution at which date and time this Constitution shall be deemed adopted and in full force and effect and the government of the Kingdom of Hawai'i shall be deemed fully restored and entitled to excercise all governmental rights and prerogatives as the government of the Kingdom of Hawai'i.

Ke Akua has endowed every human being with rights and equal protection together with inherent and inalienable rights which shall not be denied nor infringed upon. Every individual person is born free by nature and is accorded the benefits of these rights. Every individual person has the corresponding obligation, duty and responsibility to honor and respect these fundamental rights before the law.

Section 1. The Fundamental Rights.

a. The right of everyone to life, liberty and the pursuit of happiness.
b. The right of everyone to religious freedom and spiritual practices, providing that this does not infringe
on anyone’s right to life, liberty, and their pursuit of happiness.
c. The right to choose one’s nationality.
d. The right of everyone to liberty of movement and freedom to choose one’s residence.
e. The right of everyone to be free from discrimination, regardless of race, creed, color, age, sexual
orientation, nationality, religion, gender or disability.
d. The right of everyone to a healthy and sustainable environment including affordable housing.
g. The right of everyone to earn a living according to the fruits of their labor.
h. The right of everyone to work.
i. The right of everyone to freedom of association.
j. The right of every citizen to take part in government.
k. The right of every citizen to vote.
l. The right of everyone to freedom of speech.
m. The right of everyone to an education.
n. The right of everyone to privacy.
o. The right of everyone to personal property.
p. The right of everyone to be self-sufficient.
q. The right of everyone to speak and communicate in the language of their choice.
r. The right of everyone to adequate and effective continual medical and dental care without regard to
their economic status.
s. The right of everyone to freely practice the religion of their choice free of government interference or
preference.
t. The right to peaceable assembly, free of interference by the government of the Kingdom and all other
persons, groups, organizations and foreign governments.
u. The right to equal protection under the law.
v. The right to due process of law in every civil and criminal cause, and in every authorized administrative
hearing and process.
w. The right not to be subject to ex post facto laws.
x. The right of a person under the age of 18 years at the time they committed a crime not to be tried
as an adult.
y. The right not to be subjected to involuntary servitude.
z. The right not to be detained or imprisoned for failure to pay any debt, fine or tax.
aa. The right of an accused in a criminal case not to have admitted in evidence against them in any court
or administrative proceeding the statement or testimony of another person or persons in the nature of a confession or statement against interest made or claimed to have been made by the accused to:
1. Another person who is, or is reasonably believed by the accused to be, incarcerated or under detention by any public authority.
2. An officer or the peace within or without the Kingdom unless the entire interview or like questioning is fully taped or video recorded with clearly audible sound and,
3. The accused is found by the tribunal not to have been deprived of: (1) the notice of right to counsel and, (2) any undue stress or influence and, (3) the immediate provision of and attendance of counsel when requested.
bb. The right of an accused in a criminal case not to be subject to more than two trial proceedings. Provided, however, any trial proceeding justifiably terminated by a tribunal by virtue of the act(s) of the accused personally shall not be counted as a trial proceeding.
cc. The right to form and participate in the formation of political parties and their lawful activities.

The people of the Kingdom of Hawai’i hereby establish these additional enumerated rights, and the right of equal protection before the law, in all civil and criminal cases, before any court or tribunal established by this Constitution. These rights include, but are not limited to, the following:

Section 1. In all civil cases.

a. The right of everyone to a speedy and fair trial, before an impartial jury of one’s own peers.
b. The right of everyone to defend oneself before the law and of the right of legal assistance of one’s own choosing.
c. The right of everyone to services of an interpreter.
d. The right to call, examine and cross-examine witnesses on one’s own behalf.

Section 2. In any criminal prosecution of an accused.

a. The right of the accused not to be compelled to be a witness against themselves.
b. The right of the accused to a writ of habeas corpus, and to reasonable bail before trial and on appeal where their release on bail poses no definable threat to the public or likelihood of their flight to avoid prosecution.
c. The right of the accused to a speedy trial before an impartial jury of the Island or District where the crime is alleged to have been committed.
d. The right of the accused to due process of law, including pretrial discovery and the right to be timely informed of the nature and facts of the accusations and to be advised of and to receive all evidence proposed against the accused including but not limited to witness and police statements, review and analysis of physical evidence and the receipt of all information, documents and all other reports, and a statement facts tending to exculpate the accused.
e. The right of the accused to confront opposing witnesses who are testifying under oath and in a meaningful manner.
f. The right of the accused to produce by compulsory process witnesses for the defense.
g. The right of the accused to have legal assistance of one’s own choice or to act in propria persona, and the right to competent counsel paid by the Kingdom if the accused is without the means to pay their own counsel.
h. The right of the accused to be presumed innocent until proven guilty and to be convicted by a standard of proof of not less than beyond a reasonable doubt and to moral certainty.
i. The right of the accused to be tried by a jury of one’s own peers for all but petty offenses for which no incarceration is authorized.
j. No person shall be convicted on the basis of an ex post facto law or a bill of attainder.
k. The right of the accused in all felony and infamous crime cases to have a preliminary hearing to determine probable cause.
l. The right to be fined in criminal cases, where fines are authorized by law, consistent with one’s ability to pay the fine.
m. The right to seek and obtain parole upon reasonable terms and conditions.
n. The right to competent legal counsel and to appeal; nor shall a time limit be given after which any motion, petition or new evidence may not be brought before the tribunals of the Kingdom

Section 3. Ho’oponopono.

All civil and criminal cases will have automatic access to Ho’oponopono conflict resolution at all times upon consent of all parties. In criminal cases the consent of the prosecution shall always be given.

Section 1. Protection against discrimination.

No law shall be enacted prohibiting or abridging the free exercise of the rights enumerated in Articles I and II of this Constitution, nor shall any individual person be deprived or denied the protection these rights on account of race, creed, color, age, nationality, religion, sexual orientation or disability.

Section 2. Protection against police powers.

Every individual has the right to be secure in their persons, houses, papers, effects, and personal property, against unreasonable searches and seizures. No warrants shall be issued unless there is probable cause supported under oath or affirmation under the penalties of perjury, and particularly describing that place, and the persons and things to be searched or seized.

Section 3. Indictment by grand jury.

No individual shall be held to answer for any felony or infamous crime, unless upon the presentment of indictment by a grand jury.

Section 4. Protection against the imposition of the death penalty.

There shall be no death penalty.

Section 5. Protection against unreasonable punishment.

The purpose of the penal laws shall be for the reformation, rehabilitation, and future deterrence of those persons convicted of criminal acts. In no way shall the penal laws of the Kingdom of Hawai’i be construed or applied for the purpose of retribution against a person convicted of a criminal act. At no time shall a cruel, unusual or unreasonable punishment be applied to a person convicted of a criminal act. Physically and/or emotionally painful or stressful punishments against all persons in custody or under restraint of liberty to the slightest degree, are prohibited

Section 1. Other Rights Retained by the People.

The enumeration in this Constitution of certain rights shall not deny, deprive, or disparage any other rights retained by the people. All of the powers not delegated by this Constitution are hereby reserved to the people.

We the Kanaka Maoli Nationals declare that the business of the nation shall be authorized and conducted in accordance with this Constitution. All government officials, citizens and persons within the Kingdom shall comply with this Constitution. All legislative powers shall be vested in a Parliament composed of Na Kupuna Council and the Citizens’ Assembly. All powers and subjects of legislation shall not be inconsistent with this Constitution.

Section 1. Selection of a Monarch; Duties of the Monarch.

Upon the first convening of the Na Kupuna Council as established by this Constitution the Na Kupuna Council shall designate the Monarch of the Kingdom by a 2/3 vote of its members. In the event the Na Kupuna Council shall fail to designate a Monarch within 30 days of convening, the Head of State shall designate a Monarch.

The Monarch shall preside at all official functions of The Kingdom and shall address each new session of the Parliament. The Monarch shall not exercise any Executive, Legislative or Judicial powers, but shall have the power to reprieve, commute and pardon except in cases of impeachment.

Section 2. Maintenance of our Monarch.

Our Monarch shall reside in the ‘Ioloni Palace’ with the expenses of our Monarch, including maintenance and operation of the Ioloni Palace, staff and official Kingdom functions, provided by Legislative enactments.

Section 3. Succession of Monarchs.

When a Monarch has died or abdicated a successor Monarch shall be chosen by 2/3 vote of the Na Kupuna Council members within 30 days of the death or abdication of the previous Monarch. Should the Na Kupuna Council fail to designate a successor Monarch within the prescribed 30 day period, the successor Monarch shall be designated by the Head of State. Provided, however, the Na Kupuna Council may, when designating a Monarch, specify that thereafter the future Monarchs of the Kingdom shall be determined by lineage from the Monarch it has designated, and shall designate at that time the method of lineage to be used in determining all future Monarchs of the Kingdom.

Parliament and its two houses shall sit in General Session from September 15 of each year until June 15 of the following year with four two (2) week recesses as determined by the Head of State at the beginning of each General Session.

The Citizens Assembly by majority vote of its members has the power and duty to make all laws necessary and proper for carrying into execution the business of the Kingdom, pursuant to the powers authorized and provided by this Constitution.

Section 1. Of Making Laws, Generally.

a. To lay and collect tariffs, and excises; to pay the debts and provide for the common defense and general welfare of the Kingdom. All duties and tariffs shall be uniform in nature through the Kingdom. There shall be no income tax levied by the Kingdom or any of its political subdivisions upon the wages derived to any individual person residing in or a citizen of the Kingdom which have been earned by the provision of labor or other personal services within or without the Kingdom.
b. To borrow money on the equity of the Kingdom.
c. To regulate commerce with foreign nations.
d. To establish uniform rules for naturalized citizenship.
e. To establish uniform rules on the subject of bankruptcies.
f. To coin money, regulate the value thereof and of foreign money; to set a standard of weights and measures; and to provide for the punishment of counterfeiting the securities and currency of the Kingdom.
g. To establish post offices and postal services, national and foreign.
h. To promote the progress of science, technologies, arts and culture, and to protect the environment of the Kingdom.
i. To declare martial law in the event of rebellion, and to provide for the calling forth of the militia to suppress insurrections, to repel invasions and secure the peace within the Kingdom.
j. To raise and support a militia, an air force and a navy.
k. To exercise powers of legislation, in all cases whatsoever, over the Kingdom and possessions and over all places purchased or lawfully acquired by the Kingdom of Hawai’i, in foreign soil or territory.
l. To define and punish piracies and felonies committed on the high seas, and offenses committed against the laws of the Kingdom.
m. To devise and make all laws necessary and proper for the execution of the powers vested by this Constitution.
n. To protect and defend patents and copyrights.
o. To exercise the power of eminent domain.
p. To establish the conditions upon which the Kingdom, its elected officials, legislators and agencies may be sued in the tribunals of the Kingdom. Except as enacted under this provision the law of absolute sovereign immunity shall apply.

Section 2. Limitations.

a. No, person in their capacity as a member in the Citizens’ Assembly, upon their sole initiative, may present any measure or bill for consideration for passage before the Citizens Assembly.
b. Except as expressly provided in this Constitution no member of the Parliament nor any elected or appointed official or employee of the Kingdom shall accept any present or promise of future emoluments, gifts, trusts, monies, real or personal property interests or contributions from any organization, group, corporation or person, with the exception of cultural protocol.
c. All elected and appointed officials who have the authority to receive or to hold or to disburse funds of the Kingdom shall be adequately bonded.
d. No ex post facto law or bill of attainder laws may be passed.
e. All persons and entities involved in the lobbying of a legislator must first register as a lobbyist with the Parliamentary Lobby Authority and shall comply with the laws, rules and regulations applicable to lobbyists. The Citizens’ Assembly shall enact legislation to implement this provision.

The Citizens’ Assembly shall consist of Representatives elected by the qualified voters from the Island in which the Representatives reside.

Section 1. Composition.

The Citizens’ Assembly shall be comprised of 84 Representatives, 52 Nationals and 32 Naturalized Citizens. Every island shall elect its own Representatives to the Citizens’ Assembly at large, or by Districts established by the Citizens Assembly by majority vote, as follows:

a. 12 Island of Hawai’i, 8 Nationals and 4 Naturalized Citizens.
b. 12 Island of Maui, 8 Nationals and 4 Naturalized Citizens.
c. 12 Island of Moloka’i, 8 Nationals and 4 Naturalize Citizens.
d. 12 Island of O’ahu, 8 Nationals and 4 Naturalized Citizens.
e. 12 Island of Kaua’i, 8 Nationals and 4 Naturalized Citizens.
f. 12 Island of Lana’i, 8 Nationals and 4 Naturalized Citizens.
g. 12 Island of Ni’ihau, 8 Nationals and 4 Naturalized Citizens.

The initial election of the Citizens Assembly and Na Kupuna Council members and/or Head of State and Deputy Head of State may occur concurrently with the vote adopting this Constitution, and election to such offices in the initial election shall be by a plurality of votes cast. Should a seat in the Citizens Assembly or Na Kupuna Council have no elected candidate in the initial election such seat shall be filled by the designation of the elected Head of State with the advice of the Na Kupuna Council and the term of such designated legislator shall be for 18 months from the date of their oath of office. Designation of Naturalized Citizen legislators shall not require their naturalization prior to the filing of their petition of candidacy and shall require the designated legislator not be a Kanaka Maoli National and to have been a resident of their island of residence for 3 or more consecutive years. A special election shall occur to elect legislators to the designated legislative positions within 16 months of the date of adoption of this Constitution. Thereafter all elected officials and legislators of the Citizens Assembly and Na Kupuna Council, and in all other elections throughout the Kingdom, shall be elected by a majority of votes cast.

Section 2. Terms of Office.

Except as provided herein for the designation of certain legislators by the Head of State, each Representative shall serve for a period of 4 years, beginning at the time of their oath of office and ending upon the taking of the oath of office of their duly elected successor.

Section 3. Qualifications.

Each Member of the Citizens Assembly shall have attained the age of eighteen years, and shall be of good moral character and standing within the Island or District. Each Representative shall have resided within the Island or District of their election for no less than the majority of the year prior to their election.

Section 4. Funding of Elections.

No foreign government, nor any persons or entities, may provide monies, inducements, gifts, or media advertisements or presentations in support of the candidacy of any person whose election or appointment nationally or intra-island is authorized by this Constitution, with the exception that individual persons who are citizens of the Kingdom may make one contribution of monies not to exceed $100 to a candidate and the candidate may expend not more than $1000 ($5000 for the 2009 National Election) of his or her own monies toward their own election; nor shall any candidate request or accept any benefit prohibited by this provision under penalty of disqualification or removal from office by the Na Kupuna Council. The Citizens Assembly shall establish laws by which persons shall qualify to participate as candidates for elected national and intra island offices and Parliament, and shall provide reasonable and adequate public election funding to each candidate.

Section 5. Upon a Vacancy in the Citizens’ Assembly.

Any Vacancy as to any member of the Citizens’ Assembly shall be filled by a special election within his or her respective district and, should there be no candidates, the vacancy shall be filled by Na Kupuna Council appointment.

Section 6. Publication of Laws.

The Citizens’ Assembly shall provide for the publication of all laws.

Section 7. Passage of Laws.

Each Resolution, Bill, or Act shall embrace but one subject, as described by its Title.

Section 8. Veto Override. The Citizens Assembly may override a veto by the Head of State or by the Na Kupuna Council by vote of 2/3 of its membership.

There is hereby be established a Na Kupuna Council consisting of Kanaka Maoli Nationals.

Section 1. Composition.

Na Kupuna Council shall be comprised of 35 Kanaka Maoli Members. The Kanaka Maoli of each island shall elect its Na Kupuna Council members by popular vote at large, or by Districts established by the Citizens Assembly, as each island may determine,

a. 5 from the Island of Hawai’i.
b. 5 from the Island of Maui.
c. 5 from the Island of Moloka’i.
d. 5 from the Island of O’ahu.
e. 5 from the Island of Kaua’i.
f. 5 from the Island of Ni’ihau
g. 5 from the Island of Lana’i

Section 2. Na Makua and Na ‘Opio Members.

There shall be Na Makua and Na ‘Opio Members consisting of five Kanaka Maoli Nationals from each Island. Na Makua and Na ‘Opio shall be elected by the Na Kupuna Council of Members of each Island to sit in council with and advise the Na Kupuna Council for a two-year term of office.

Section 3. Term of Office.

Na Kupuna Council members shall sit in office for a term of 6 years, beginning at the time of election and ending at the time of the next general election.

Section 4. Qualifications for Office.

All persons shall be eligible for membership in the Na Kupuna Council who are Kanaka Maoli Nationals and acknowledged and recognized (‘ike) by their peers as teachers of the Hawaiian culture. Kupuna shall be no less than 45 years of age and have been resident on the island from which elected or appointed for not less than the majority of the last three consecutive years.

Section 5. Powers, Duties, and Responsibilities of Na Kupuna Council.

Na Kupuna Council is hereby delegated the following Powers, Duties and Responsibilities:

a. The exclusive authority to initiate by majority vote of its members a Resolution, Bill, or Act whose subject matter relates to the preservation of Hawaiian cultural values.
b. Each member of Na Kupuna Council, whenever any Resolution, Bill, or Act for maintaining cultural values, or matter relating to any authorized power or function of Na Kupuna Council, has been duly presented to the Council for issuance of a Resolution or enactment into law, shall have one vote.
c. Each proposed Resolution, Bill or Act for maintaining cultural values shall be enacted upon the two-thirds majority vote of all the members in Kupuna Council assembled.
d. Whenever a Resolution, Bill, or Act for maintaining cultural values, passed by the Na Kupuna Council and enacted into law by the Head of Sate, conflicts with a Resolution, Bill, or Act passed by the Legislative General Assembly, the Na Kupuna Council enactment shall have supremacy.
e. Na Kupuna Council has concurrent veto power with the Head of State over legislation passed by the Citizens Assembly. The Na Kupuna Council shall accept a veto submitted to it by the Head of State and may initiate its own veto by a two-thirds majority vote of the Council’s authorized membership within twenty days of receipt of the legislation and, should it fail to do so, the Na Kapuna Council’s right of veto shall end.
f. Na Kapuna Council shall have exclusive jurisdiction for impeachment and/or recall of government officials. Notwithstanding this part (f), any official who commits a felony or other crime while in office, upon good and sufficient evidence found, may be criminally indicted and tried before a Tribunal having jurisdiction.
g. Na Kupuna Council shall advise and on all ministerial level appointments made by the Head of State.
h. At the request of Na Kupuna Council, any non elected official of the government of the Kingdom of Hawai’i shall be required to disclose to it all relevant information and materials involving action taken by that official in an official capacity.

Section 6. Passage of Laws.

Each Resolution, Bill, or Act shall embrace but one distinct subject matter, as described by its Title. The enacting clause on each law shall read:
“Be it enacted by Na Kupuna Council of the Kingdom of Hawai’i.”

There shall be established an Executive Administration, which shall consist of the Head of State, a Deputy Head of State, and all Ministries established for the purposes of executing the laws and the business of the Nation.

Section 1. Head of State and Deputy Head of State.

There shall be elected by the Kanaka Maoli Nationals of the Kingdom, worldwide, by vote of a majority of those voting, a Head of State and a Deputy Head of State, to be designated President and Vice President, to execute and administer the laws and affairs of the Kingdom.

Section 2. Term of Office.

The Head of State and the Deputy Head of State shall hold office for the term of 6 years beginning at the time of their oath of office and ending upon the taking of the oath of office of their successor.

Section 3. Qualifications.

A person shall only be eligible to the Office of Head of State and to the office of the Deputy Head of State who is a Kanaka Maoli National who has attained the age of 35 years.

Section 4. Powers, Duties, Responsibilities.

The Head of State is delegated with the following powers:

a. The Head of State shall be the Commander-in-Chief of the armed services of the Kingdom, and shall commission all military officers of the Kingdom of Hawai’i.
b. The Head of State shall have discretion to grant reprieves, commutations and pardons, except in cases of impeachment;
c. The Head of State shall make appointments of Ministers and executive officers and their salaries and benefits who shall serve at the pleasure of the Head of State. The Parliament shall not have the power to approve or reject the President's appointment and establishment of salaries of Ministers and executive officers.;
d. The Head of State may require opinions in writing from the principal heads of ministries, upon any subject relative to the duties of their respective offices;
e. The Head of State shall address the Parliament once annually as to the state of the Kingdom, and shall recommend for their consideration and enactment such measures as the Head of State shall judge expedient and necessary; and may in extraordinary circumstances as determined by the Head of State convene Na Kupuna Council or the Citizens’ Assembly, or both, for consideration of measures deemed expedient for the Kingdom,
f. The Head of State shall conduct the foreign affairs of the Kingdom;
g. The Head of State may petition the Parliament for the passage into law any Resolution, Bill or Act relating to the affairs of the Kingdom.

Section 5. Powers to execute laws.

The Head of State, upon the receipt of any Resolution Bill, or Act, lawfully passed by the Citizens Assembly or Na Kupuna Council, shall faithfully sign all laws and enactments and forthwith direct said laws and enactments for implementation, excluding those laws and enactments. including portions thereof upon which the power of line item veto has been exercised, over which the Head of State or the Na Kupuna Council exercises the power of veto.

Section 6. Power of Veto.

The Head of State, upon the receipt of any Resolution, Bill or Act of Parliament deemed unconstitutional or contrary to the will of or the best interests of the people, shall announce and in writing state to Na Kupuna Council and to the Citizens’ Assembly a message to veto within fifteen days; and if a timely statement of veto is not given there shall be no further power of veto exercised. The Head of State shall have the power of line item veto for the sole purposes of implementing the provisions of Article VII, section 8 and this section 6 of this Article.

Section 7. Of Foreign Relations.

a. The Head of State shall appoint Ambassadors and Consuls with the advice of Na Kupuna Council.
b. The Head of State shall have authority to negotiate into Treaties, Conventions and Agreements with foreign states, subject to the approval by a vote of the Citizens’ Assembly, except as provided in section 2 Article XXI of this Constitution.

Section 8. Deputy Head of State.

The Deputy Head of State shall preside over the Citizens Assembly. In the event of a tie vote on any legislative enactment of the Citizens Assembly the Deputy Head of State shall cast a vote on that enactment. The Deputy Head of State shall be responsible to the Head of State and shall advise the Head of State upon the business and affairs of the Kingdom.

Section 9. In the absence of the Head of State.

In the event of the absence of the Head of State from the Hawaiian Archipelago, or upon the death or disability of the Head of State, the Deputy Head of State shall preside over the affairs of the Kingdom, but may not exercise the power of veto during an absence or disability of the Head of State for a period of less than15 days. Should there be no Head of State or Deputy Head of State, Na Kupuna Council shall designate by 2/3 vote of its membership an interim Head of State, and a special election to elect a new Head of State and Deputy Head of State shall follow within 90 days.

The Citizens’ Assembly may provide by Charter for the creation of the Ministries of the Kingdom as deemed necessary, essential and proper by the Head of State for the faithful execution of the business and affairs of the Kingdom.

Section 1. Charters of the Ministries.

Each Ministry may have its functions listed in a Charter, and the Charter shall provide all legal authority of that Ministry. The Citizens’ Assembly shall have the authority to initiate and to modify a Charter upon request of the Head of State. Until such time that the Citizens Assembly shall create Charters, the Head of state may, in the interim, appoint such Ministers as he or she deems appropriate and shall determine their compensations and duties.

The National Tribunals are hereby established to exclusively exercise all judicial authority and functions as established by this Constitution. The Judicial Power shall be vested in one Supreme Tribunal, and in such inferior tribunals as the Citizens’ Assembly deems necessary and proper to establish. The Tribunals shall have original and appellate jurisdictions as the Citizens’ Assembly shall provide by law.

Section 1. Supreme tribunal.

a. The Supreme Tribunal shall be presided over by a Chief Justice and four Associate Justices;
b. The Supreme Tribunal shall exercise original jurisdiction in all cases affecting Ambassadors and diplomatic representatives;
c. Treason against the Kingdom is defined as any act or activity undertaken with the intent (a) to cause the overthrow the government of the Kingdom as established pursuant to this Constitution and, (b) to inflict serious bodily injury upon the Monarch, President or Vice President of the Kingdom.The punishment for an act of treason shall be no less than 5 years imprisonment nor more than life in prison without parole, as determined by the tribunal in which the conviction is determined;
d. In all other cases, the Supreme Tribunal shall have final appellate jurisdiction and review, both as to questions of law and of fact;
e. All decisions of Supreme Tribunal shall not be final until reviewed and accepted in writing by a majority vote of all members of Na Kapuna Council.

This review by Na Kapuna Council shall occur within 90 days of the official publication of the decision of the Supreme Tribunal and shall be limited to review of the decision's compliance with this Constitution and whether or not the decision is pono. All review determinations of Na Kapuna Council shall be in writing and may instruct the modification thereof to be made by the Supreme Tribunal. The decisions of Na Kapuna Council shall be precedents within the laws of the Kingdom. In the event the Na Kapuna Council does not publish its decision within the 90 day period specified, the decision of the Supreme Tribunal shall become final and shall not be subject to further review or modification.

Section 2. Selection of judges.

All judges shall be selected by Na Kupuna Council and shall serve for a term of 5 years. There shall be no limit on a number of terms a judge may serve. Justices of the Supreme Tribunal shall serve for life. All judges may be impeached by Na Kupuna Council for reasons of criminal act(s) of dishonesty, bribery, corruption, or by reason of their physical and or mental inability to conduct their judicial office.

Section 3. Promulgation of rules for the tribunals.

The Supreme Tribunal shall promulgate rules of procedure and practice for all civil and criminal court cases including appeals, which shall have the force and effect of law. The Supreme Tribunal shall administrate the practice of law within the Kingdom including the licensing of attorneys and counselors at law.

Section 4. District tribunals.

The District tribunals shall have original jurisdiction in all civil and criminal cases within the District in which they sit.

Section 5. Qualifications of judges.

Every judge shall be a Kanaka Maoli National or a naturalized citizen. Judges of the Kingdom shall use common sense to achieve equity, fairness, compassion, firmness and honesty in every decision, consistent with the principles and provisions of this Constitution and the laws of the Kingdom.

There is hereby established a General Elections process. The initial elections authorized by this Constitution may occur concurrently with the adoption of this Constitution.

Section 1. Voting qualifications.

a. Every Kanaka Maoli National and every Naturalized Citizen of the Kingdom of Hawai’i who has attained the age of 18 shall be qualified to vote and shall register to vote prior to or concurrent with their voting,
b. No person who is convicted of a felony or infamous crime by a tribunal of the Kingdom shall be qualified to vote until such time as the person has fully served the sentence imposed, including any probationary period, or has been pardoned by the Head of the State or the Monarch. A person convicted of a felony, whether or not pardoned, may not serve as the Head of State nor as the Deputy Head of State.
c. The Citizens’ Assembly shall provide by law for the registration of voters.

Section 2. Oath of Office.

All elected, appointed and designated Ministers, executive branch officers, members of Parliament and the Monarch shall, prior to assuming their duties and offices, take the following Oath which shall be administered by a member of the clergy who is a Kanaka Maoli National, as chosen by the Head of State.

“I (name), do solemnly affirm in the presence of the ke Akua, the Kingdom of Hawai’i and its people, that I will honor, support and defend the Constitution and the laws of the Kingdom of Hawai’i and that I will faithfully execute and discharge my duties as (office), to the best of my knowledge and ability, so help me Akua.”

Section 1. Compensation.

All elected and appointed members of the Parliament, the Executive Administration, and the Tribunals shall receive fair compensation for their services. The Citizens’ Assembly shall provide by law adequate compensation and benefits for all national and island elected and appointed Kingdom officials, members of Parliament and employees.

Section 2. Limitations.

No national or island governmental official, legislator, judicial officer or employee, during the time for which he or she is employed or appointed by the Kingdom shall accept any present or future promises of money, emoluments, gifts, or trusts from any organization, group, corporation, person, or otherwise, with the exception of cultural protocol, under penalty of disgorgement and loss of position and employment.

Section 3. Supremacy Clause.

The Constitution and all Treaties made under the authority of the Kingdom shall be the Supreme Law of the Land. All elected officials, judges and officers of the Kingdom are bound by Oath thereby, anything contrary to the Constitution and the Laws of the Kingdom are notwithstanding.

Section 4. Enforcement.

All citizens have a right to enforce the Constitution, Treaties, and laws of the Kingdom in any tribunal of the Kingdom having jurisdiction.

Section 5. Immunity and extradition.

Every official of the government of the Kingdom of Hawai’i shall have sovereign immunity, but only if said official was acting within the proper scope of his or her authority. No official shall have immunity for criminal acts committed, whether or not such acts were done within the scope of the official’s authority.

Every not for profit organization, including privately owned educational institutions, which serves a specific ethnic group of persons may exclude from membership, registration and attendance persons who are not a members of the ethnic group they serve.

No person present within the Kingdom shall be extradited to any nation or jurisdiction outside of the Kingdom except as by expressly provided by treaty.

There shall be no right of any governmental employee or independent contractor, including those elected or appointed, to exercise or a claim of executive privilege in any inquiry undertaken by Parliament or an island legislative body, except for good cause as regards matters of national or island security. The Supreme Tribunal shall have exclusive jurisdiction over disputes regarding claims of executive privilege, disputes between island governments, and disputes between an island government and the national government.

Section 6. Public access.

All citizens have a right of free access to governmental documents of the Kingdom except as pertain to current matters relating to the security of the Kingdom.

Section 1. Definitions.

a. Home Rule. Home Rule is defined as those powers not specifically of a National character relating to Island or local government. Home Rule allows each Island to administer its own affairs without interference from the National Government.
b. Each Island shall elect an administration to administrate those affairs which are the exclusive purview of the islands

Section 2. Island administration.

Each Island shall be responsible for setting up its own administration, which shall be of the same democratic form as the National government. Each Island government shall be independent from any other, and no Island shall be responsible for the actions of another Island.

Section 3. Limitation.

There shall be no enactment of either branch of the Parliament, Island government or regulations promulgated by any governmental entity of the Kingdom which is inconsistent with or contrary to the provisions of this Constitution.

Section 1. Amendments, How Instituted.

Any citizen registered to vote may propose an amendment to this Constitution. Except as provided in Article XXI, Section 2 of this Constitution, an Amendment must be brought forth as a proposition to the Citizens’ Assembly, which must pass the Amendment by a two-thirds vote of the membership of each house of Parliamnt and shall not be subject to a general veto or line item veto. The Amendment shall then be brought before the Kanaka Maoli Nationals who are registered voters of the Kingdom, by referendum requiring a two-thirds vote of the voting Kanaka Maoli Nationals worldwide. Should the Amendment be approved, it shall take effect no more than 60 days after passage.

Section 1. Citizenship. - NEW

a. Kanaka Maoli National. A Kanaka Maoli National is any person, without regard to blood quantum, who by ancestry is a descendant of the original inhabitants who prior to 1778 exercised sovereignty over the Archipelago of Hawai’i. All Kanaka Maoli Nationals are citizens of the Kingdom.

b. Citizens, Naturalized. The Citizen Assembly shall provide by law a naturalization process for all non Kanaka Maoli National persons who qualify and choose to become citizens of the Kingdom and who shall have resided within the Hawaiian Archipelago for the majority of the time during the past consecutive two (2) years. The ancestors of those non Kanaka Maoli Nationals who were residing in the Kingdom at the time of the overthrow of our government by the United States of America in 1893 are unconditionally entitled to become naturalized citizens of the Kingdom. All non Kanaka Maoli Nationals shall establish their citizenship in the Kingdom by application for naturalized citizen status.

c. The Kingdom recognizes as citizens of the United States those persons who by their birth within the Hawaiian Archipelago, or otherwise under United States law,have been determined by the United States to be its citizens; Provided, however, that no Kanaka Maoli National shall be recognized as a citizen by the United States by the Kingdom nor subject to the duties of United States citizenship except as to those Kanaka Maoli Nationals, who being over the age of 18 years, have declared in writing to the President of the Kingdom their decision to accept the rights and duties of United States citizenship. Persons who have dual United States and Kingdom of Hawai'i citizenship may not hold a public elective office within the Kingdom of Hawai'i after January 1, 2016.

Section 1. National lands of the Kanaka Maoli Nationals.

Prior to 1778, the Kanaka Maoli Nationals lived in a communal land tenure system, and every National had the right and privilege to receive and acquire the use of land within the Kingdom.

The Na Kapuna Council may by a two-thirds vote of its membership modify the land tenure laws of the Kingdom to provide that an interest in lands in the Kingdom may be held in whole or in part by other than a fee title or derivative of a fee title interest so long as such legislation shall not alter or modify the provisions of this Article XVII.

Section 2. Ownership and use of National lands.

All present and future lands within the Hawaiian Archipelago, including air rights, over water rights and underwater rights and mineral rights are owned in fee title absolute by the Kingdom of Hawaii, without limitation whatsoever except as set forth in this Constitution.

The current land title records system imposed by the state of Hawaii and its political predecessors shall continue as the land title records system of the Kingdom. All title interests in lands within the Kingdom as of the date of the adoption of this Constitution are null and void except the following land titles determined by recorded deed or other recorded title interest document recorded on a date prior to the date of the adoption of this Constitution, unless made after April 12, 2009 and in order to avoid any provision of this Constitution.

(a). Distinct land parcels each in use for non-agricultural for profit business purposes, not to exceed two in number, the recorded titles of which are held in whole or in part by Kanaka Maoli Nationals or a for profit corporate or similar business entity 50% or more of which is owned by one or more Kanaka Maoli Nationals who also manage and operate such business entity, not to exceed 7 acres in size and wherein the replacement cost of the improvements thereon do not exceed the sum of $1miilion as of the date of the adoption of this Constitution

(b). All parcels of land owned by an individual owner who has purchased to own or build a personal residence, not for purposes of resale, currently zoned for a single family residence on a parcel of land not exceeding 3 acres in size.

(c). All lands currently in regular use as (1) a church or for religious purposes or, (2) a non Hawaiian ethnic, cultural or spiritual activities or, (3) a union hall, meeting place or used for union administrative purposes or, (4) privately owned and used continuously for educational purposes Lands determined under this part (c) may not exceed 5 acres in size, except as to educational purpose lands which may not exceed 100 acres in size.

(d). Not more than two\parcels of lands zoned for agricultural use which have been in agricultural use at any time within the 10 years preceding the adoption of this Constitution, in the title of the same person or legal entity, each parcel not to exceed 500 acres, and wherein each parcel is of contiguous lands, without regard to the number of Assessors parcels applicable thereto.

(e). All lands currently leased to persons under the Hawaiian Home Lands Act, which lands shall be immediately transferred by the National Land Commission in fee title absolute to the current lessees thereof without charge for purchase or other cost.

(f). The Kamehameha schools lands shall be retained as to their lands in regular educational campus use in fee title absolute, without regard to parcel size, with the title holder to be the Kamehameha Schools Trust, a trust to be formed hereinafter upon the election of the trustees thereof by majority of the voting graduates of said schools, or any of them, who are eighteen years or older. Trustees shall each by graduates of a present or future Kamehameha school and shall serve for four year terms, and shall receive reasonable compensation for their services. In addition, the National Land Commission shall determine the additional lands to be owned by the Kamehameha Schools Trust from those lands held in trust for the benefit of the Kamehameha schools reasonably necessary to provide income for the operations and maintenance of the schools, and shall transfer such determined lands to the Kamehameha Schools Trust in fee title absolute.

Owners of lands in excess of the permitted acreage or number of parcels or value shall within one year of the adoption of this Constitution designate by plat and legal description the lands to be retained by the owner of the permitted size and number of parcels, and all other parcels and portions of a parcel shall be titled to the Kingdom and a notice of Kingdom ownership recorded by the Land Commission. In the event an owner of land shall fail to timely file a plat and legal description of lands sought to be retained, the Land Commission shall determine and record a plat of the lands to be retained by the owner in a manner reasonably applied using principles of fairness and equity so as to provide for the owner’s continued present use of the non excess parcel(s) or portions of a parcel.

Section 3. Liens and encumbrances.

All valid and recorded liens and encumbrances extant as of the date of the adoption of this Constitution upon lands the titles to which have been voided pursuant to section 2 of this Article XVII shall remain in full force and effect subject to the following:

(a). The modification of the terms thereof and the consequences provided thereto as set forth in this Constitution and,

(b). No Kanaka Maoli National, including all Kanaka Descendants, shall have their title, use and occupancy interrupted or encumbered by the holder of a lien or encumbrance recorded as of the date of the adoption of this Constitution, nor shall they or their heirs, successors or assigns receiving title interests in the previously liened or encumbered lands be liable to pay such lien and encumbrance unless such lien was incurred by them, or the encumbrance was executed by them in a recorded document, which was recorded prior to the date of the adoption of this Constitution.

Section 4. Taxation of Lands.

For the years 2009 and each year thereafter the Kingdom shall levy a national property tax upon all privately owned lands within the Kingdom, and shall provide for the forfeiture of lands to the Kingdom upon default in payment of the property tax after reasonable notice of default is provided to the defaulting property owner. Annual land taxes levied upon properties used for residential purposes, whether single family or multiple family structures, shall (a) in no event exceed 33.33% of the tax rate applied to commercial properties per each dollar of valuation and (b) the revaluation of such residential properties shall occur only upon the sale of a title interest therein representing a transfer of one-half or more of the ownership of the land. Transfer of land titles into joint tenancy with a spouse and/or children of a grantor shall be exempt from the application of the provisions of part (b) of this paragraph.

For the years 2009 and 2010, in the absence of an enactment by the Citizens Assembly of the Land Tax rate(s), the rate shall be 5% of the state of Hawaii Assessors’ valuations.

All Land Tax obligations are due and payable to the Treasury of the Kingdom of Hawaii on or before December 10th of the tax year or upon the recording of any instrument of title, lien or encumbrance, whichever event shall first occur. Failure to make timely payment of Land Tax when due upon the recordation of any described instrument shall void the applicable recording(s) and shall void the transaction referred to in the voided recorded instrument(s).

Section 5. Rights of Kanaka Maoli National descendants; Kingdom Lands.

There is hereby established a ministry to be known as the National Land Commission to determine and implement the ownership by Kanaka Maoli National of lands within the Kingdom. The Commission shall be made up of 5 members of and chosen by majority vote of Na Kupuna Council, and 5 members of the Citizens Assembly designated by the Head of State. Vacancies shall be filled by designation by the Na Kupuna Council as to its designated member vacancies and by the Head of State as to his/her designated member and chairperson vacancies. The Head of State shall appoint a Chairperson for the National Land Commission who shall preside over the National Land Commission and shall vote in case of a tie vote of the National Land Commission members. The term of the chairperson and each member shall be for 10 years, ecept that the chairperson shall serve at the pleasure of the Head of State. The National Land Commission may, after published public notice and public hearing thereupon, establish Regulations consistent with its duties and powers which Regulations shall have the force and effect of law.

The Duties and powers of the National Land Commission are:

1. To oversee, implement and administrate the land title record system of the Kingdom and the provisions of this Article VII.

2. To determine all current land titles within the Kingdom and to record appropriate notices title thereto, as hereinafter described.

Title to lands whose current title is voided under the provisions of section 2 of this Article or as otherwise provided in this Article, shall automatically vest in the descendants of the original Kanaka Maoli National title holder as determined by the Land Commission and, if no descendants are determined, title shall continue to vest in the Kingdom.

3. To determine the current living descendants, to be known as the “Kanaka Descendants”, to be determined per stirpes with representation, of the Kanaka Maoli National(s) who held the most recent by date title to each current parcel of land within the Kingdom by deed, use or occupancy prior (or if none are found prior , then the nearest subsequent) to October 12, 1893, and to record title notices establishing the titles of the Kanaka Descendants to each parcel of land owned by their respective Kanaka Maoli ancestor not excepted by Section 2 of this Article XVII.

4. Upon recording of such notices as provided herein all other previously recorded claims of ownership and all other interests in the lands shall be null and void except as otherwise provided in this Constitution. The commission shall determine all land ownership disputes between the descendants of Kanaka Maoli Nationals under this provision, by public hearing.

5. The Commission shall have a period of 25 years from the date of adoption of this Constitution to determine the Kanaka Descendants and to record notices of their titles as set forth herein. Upon the completion of the 25 year term all lands within the Kingdom for which no Kanaka Descendant has been determined to be the owner thereof shall continue to be vested in the Kingdom and subject to such public benefit uses as the Parliament shall determine. Disputes as to the designation of Kanaka Descendants pending before the Commission or on appeal to a tribunal of the Kingdom shall not be subject to the 25 year limitation.

6. The Commission shall, in exercising its authority pursuant to lands described in parts (c) and (d) of section 2 of this Article XVII, increase the size of any authorized parcel, but not by more than 100%, if such parcel size increase is reasonably necessary to allow the continuation and non disruption of business activities existing on the subject parcel(s) as of the date of the adoption of this Constitution.

7. In making its decisions pursuant to section 3 of this Title XVII as to the closet to October 12, 1893 Kanaka Moali National title holders the National Land Commission shall conclusively presume that all transactions of every date by Kanaka Maoli Nationals resulting in transfer of a title interest to non Kanaka Maoli Nationals and their owned ( 50% or more ownership ) entities were fraudulent and are void ab initio if the transfer was (a) not the subject matter of a recorded deed instrument signed by the transferring Kanaka Maoli owner or, (b) by recorded instruments of title involving ownership or lease of lands in excess of 50 acres or, (c) which arose prior to a date 99 years prior to the date of adoption of this Constitution, In cases of the same or affiliated ownership of contiguous lands any one or more of which is less than 50 acres in size the lands shall be combined and if, as combined, the acreage exceeds 50 acres the provisions of part (b) of this paragraph shall apply to such combined parcels.

All land transactions from Kanaka Maoli Nationals to non Kanaka Maoli Nationals not to be treated as if voided by this paragraph 6 are nonetheless to be treated as void ab initio if the transferee, at the date of transfer was an affiliate of any person or entity whose title or interest is presumed void ab initio by any provision of part 6, above. For the purposes of this provision, the term “affiliate” shall mean any person or entity related to the transferee by family blood relationship of any degree, by heirship or wherein the transferor had an ownership interest of any degree or management involvement in the transferee, or any enforceable right to any of the foregoing.

8. Beginning in January 2010 the Kingdom shall levy and collect an annual land tax on the holders of land titles based on a determination of fair market value of each land parcel. The valuations made under this provision shall be made as of January 1st every third year as to commercial properties; upon sale and at the sale price as to residential properties. The then current State of Hawaii Assessors’ valuations in effect as of December 31, 2009, shall be used as the as the fair market value of lands for the land tax years of 2010 and 2011. Ten percent of the land taxes collected shall be paid by the Kingdom to the Kanaka Descendants of the 1893 landowners determined pursuant to paragraphs 2 and 3 of this section, per stirpes with representation until the Kanaka Descendant owner(s) thereof, if any, are determined; and in perpetuity as to the lands described in section 2 of this Article XVII. Where land ownership has not been determined by the Commission, the 10% of land tax due to the heirs of the original Kanaka Maoli National owner shall be held by the Kingdom until the Kanaka Descendants are established by the Commission at which time, and thereafter if applicable, the 10% of land taxes collected shall be paid equally to the appropriate Kanaka Descendants. Provided, however, that lands titled to the Kingdom or to a Kanaka Maoli National or to a Kanaka Descendant and which are undeveloped or which are in whole or in part agricultural in use and under 5 acres in size, shall not be taxed as to the undeveloped or qualifying agricultural use portions thereof. All lands and the improvements thereon owned by and in regular use by any religious or ethnic or cultural preservation or private educational organization as determined under the provisions of this Article shall not be subject to any Kingdom tax of any kind or type whatsoever. The doctrine of adverse possession is declared invalid and shall not be raised or enforced in the Kingdom.

Land taxes shall be levied only upon the lands of and in the name of the current recorded title holder at the date the tax is levied. The forfeiture of ownership rights by every cause whatsoever permitted under law shall affect only the title interest of the party whose debt or obligation is being enforced.

9. To enforce the following provisions by Administrative Order, and by contempt or other proceedings brought in the tribunals of the Kingdom, if such Administrative Order has not been reasonably complied with within 30 days of its service.

A. To vacate and to cease the entry upon and use of lands to which an occupant or land user has no right of use or occupancy in the lands.

B. To cease and desist the enforcement of an illegal encumbrance upon a parcel or parcels of land until and unless the holder(s) of such encumbrance exercises its rights contained in the encumbrance to be lawful under this provision within 60 days of receipt of the Cease and Desist Order of the Commission; unless so revised the encumbrance shall be null and void and have no future effect whatsoever. An illegal encumbrance is defined as: (a) an encumbrance with a simple interest rate in excess of 10% on commercial properties, 7% on residential properties (b) an encumbrance with an adjustable interest rate unless the interest rate adjustments, combined, exceed not more than 3% over the initial interest rate; (c) an encumbrance which has a due on sale clause.

C. All illegal encumbrances are hereby reformed by operation of law to be in compliance with the provisions of paragraph (B) hereinabove.

No person or entity providing title or mortgage insurance, opinions of title, abstracts of title or instruments of title transfer, lease, sublease or encumbrance shall be liable in damages or specific performance to any person or entity in connection with real property related transactions consummated prior to the adoption of this Constitution, which claims of damage or to the right of specific performance have or are claimed to have arisen by virtue of the any provision of this Constitution.

All current land title holders as of the date of the adoption of this Constitution whose titles are voided by the provision of section 2 of this Article XVII and are as of the date of the adoption of this Constitution in direct use and occupancy of the subject lands shall continue their use and occupancy as lessees for a period of two years after the date of the adoption of this Constitution and shall promptly vacate the lands thus affected at the end of the 2 year period or, at their option, they may negotiate with the determined land owner(s), or if no land owner(s) has been determined negotiate with the National Land Commission, as to their future use and occupancy of the lands whose title has been voided. Lessees and sub-lessees of such persons and entities may continue their leased uses and occupancies of the subject lands according to the terms of their leases so long as their leasor has rights of use and occupancy in the leased or subleased premises. In the absence of a leasor with a right of use and occupancy, the leases and subleases shall pay their lease and sublease payments to the land title owner determined by this Article XVII; if no land title owner has been determined by recording made by the National Land Commission such payments shall be made to the Treasury off the Kingdom to be held in trust by the Kingdom until a National Land Commission title has been recorded, at which time the Kingdom shall pay over to the determined title holder such funds held by it in trust.

All negotiated agreements permitted under the provisions of part 10 of this section 5 shall be in the nature of leaseholds not to exceed 25 years in duration. The resulting leaseholds may be encumbered by the lessee(s) but only to the extent of their leasehold interest. Valid encumbrances upon such lands at the date of the adoption of this Constitution, as modified in content as provided in this Constitution, shall continue as an encumbrance on the maker’s leasehold interest to the extent, if any, the leasehold interest is recognized as valid or has been created pursuant to the provisions of part 10 of this section 5. No Kanaka Maoli National shall be obligated to enter into a lease authorized by part 10 of this section 5, but if a lease authorized by this part 11 is entered into it shall not be valid or enforceable until recorded and shall be null and void if not recorded within 60 days of its execution.

On and after the date of the adoption of this Constitution all lands whatsoever within the Kingdom may be sold as fee land title sales only to persons and entities who are at the time of sale and continuously thereafter described in section 2, part a of this Article XVII.; All land sale transactions to all other persons and entities whatsoever shall be leaseholds not to exceed 25 years in duration by operation of law. Provided, however, that any person or entity described in section 2 part a of this Article XVII, and their heirs, executors and assigns, who were divested of land title ownership of a total acreage of 1000 acres or more by the provisions of section 2 of this Article XVII may not participate, directly or indirectly, in the fee title ownership of lands within the Kingdom until the year 2200, except as to lands the fee title to which they were participants in immediately after the application of section 2 of this Article XVII. All land fee title interests obtained in violation of the provisions of this section 12 of Article XVII and all land fee title interests derived thereby are null and void ab initio. The provisions of this section 12 shall not apply to lands described in section 2, parts b, c and d of this Article XVII.

The National Land Commission shall be obligated to enter into leases under part 10 of this section 5, but shall not enter into any leasehold agreement under parts 10 of this section 5 until:

(a). The applicant for a leasehold interest has paid all wages due to its employees, including the minimum wage of $12.50 per hour established by this Constitution including the maximum penalties thereto, where applicable and,

(b) Has paid all taxes owed by it to the Kingdom or any political subdivision of the Kingdom and,

(c) Has obtained all permits and licenses required by the Kingdom to operate the intended or then current business or profession on the subject land and,

(d) The Land Commission has made a written finding that the lease applicant has acted at all times in reasonable compliance with the provisions of this Constitution.

Section 6. Foreclosures. No foreclosure or similar action may be instituted or taken against the land title, use and occupancy interests of the Kingdom. During the years 2009 and 2010 there shall be no foreclosure of a personal residence within the Kingdom. The National Land Commission shall enter, upon request of an interested party, Cease and Desist orders against a threatened or commenced foreclosure or similar action by a lien or mortgage holder in violation of the provisions of this Section 6. Cease and Desist orders entered under this provision may be enforced by the National Land Commission in the tribunals of the Kingdom in contempt proceedings. No cease and desist order of the Land Commission entered under this provision may be appealed to a tribunal of the Kingdom.

Section 7. Cultural Preservation.

The Constitution, and all laws enacted hereunder, shall not infringe upon the right of the Kanaka Maoli Nationals to preserve their traditional culture. No law shall be enacted towards the destruction or limitation of either the culture or the cultural practices of any Kanaka Maoli National individual or organization, nor against any other individual or organization within the Kingdom.

Section 8. Sacred Lands. - NEW

There ois hereby created a Department of Sacred Lands, whose Director shall be appointed by and serve at the pleasure of the President

The Department of Sacred Lands shall identify, preserve, reserve and protect all lands within the Kingdom deemed to be sacred by the Kanaka Maoli and their ancestors, including but not limited to burial and spiritual sites, fisheries and mountain to ocean watercourses. Kanaka Maoli shall have free and continual access to all Sacred Lands and to the coastline and waters of the Hawaiian Archipelago which access shall not be denied or restricted in any manner whatsoever. The Department of Sacred Lands may adopt regulations in furtherance of its duties under this Section 8.

All Sacred Lands and sites which have been altered, built upon or otherwise desecrated heretofore or hereinafter shall be restored to its original status, including the removal of all construction thereon, and immediately upon their restoration shall be consecrated according to the traditions of the Hawaiian culture.

Section 9. Definition of National Lands.

The National Lands consist of all lands and shoals, including the air above and submerged lands of the Hawaiian Archipelago and the surrounding seas for a distance of 200 miles from any point of land or shoal. The National Lands shall be governed by the government of the Kingdom.

Section 1. Usury.

Except as otherwise expressly provided in this Constitution, the following interest rates may not be exceeded nor the listed practices implemented in any personal and business transactions undertaken within the Kingdom:
a. General limit-10% simple interest
b. Residential property encumbrance-7% simple interest.
c. Credit card maximum interest rate-12% simple interest.
d. The compounding of interest in any transaction.
e. The charging of a late payment fee before a default in timely payment due has exceeded 15 days. No late fee may exceed 1.5% 0f the defaulted payment amount.
f. The contracting for or instituting an increase in interest rate exceeding one such change each twelve months or instituting an interest rate change in excess of 1.0%
g. The charging of any transaction fee, nsf check fee, overdraft fee or similar charge in excess of $5.00, which may be charged only once. ATM transactions of all types may only be charged by the ATM providing bank of withdrawal in an amount not to exceed $2 and on no other ATM transaction but that of withdrawal.
h. The charging of a loan origination or like fee exceeding 1% of the amount being borrowed.

All personal and business transactions extant on the date of the adoption of this Constitution and transactions occurring more than 90 days after the adoption of this Constitution are hereby reformed to comply with the requirements of this section beginning on the 91st day after the adoption of this Constitution. Violation of any provision of this section shall be deemed the unlawful practice of usury for which the Citizens Assembly may raise criminal penalties. The civil penalty applicable to a practice of usury shall be the return to the payor(s) of all interest and fees paid in connection with the transaction, and the cessation of all future interest and fees otherwise applicable to the transaction. No default, acceleration of monies due or adverse credit report shall be valid if based in whole or in part on failure to pay a usurious charge.

Section 2. Adverse credit report information.

The credit reporting systems and methods used throughout the United States are deemed inherently fraudulent. The Citizens Assembly shall enact a fair, reasonable and transparent credit reporting system.

Section 3. Minimum Wages.

Effective 90 days after the adoption of this Constitution the minimum wage to be paid for the performance of personal labor or services performed within the Kingdom shall be $12,50 per hour. The Citizens Assembly may enact minimum wage rates exceeding $12.50 per hour. Violation of this provision, including any minimum wage rate enacted hereafter, shall result in the civil liability of the employer to the employee of treble damages, interest at the maximum rate authorized for interest on court judgment which is herein established for all court rendered money judgments at 10% simple interest, plus court costs and reasonable attorneys fees.

Section 4. Unions and Union Contracts.

The right to organize workers into unions and guilds shall not be abridged. All union contracts currently applicable as of the date of the adoption of this Constitution to citizens and workers within the Kingdom shall continue for the balance of their current term and each such contract is hereby modified to comply with the provisions of this Constitution. The Citizens Assembly may enact legislation to govern and protect the conduct of union activities.

Since the illegal invasion of the Kingdom and destruction of our government by the United States in 1893 the United States and its political subdivisions, including the state of Hawaii, and together with private persons, churches and other organizations, have pursued various policies and actions, or have ignored the policies and actions of other persons and organizations, in order to suppress the language and culture of the Kanaka Maoli people and to suppress the identities of Kanaka Maoli Nationals.

One of the practices used to suppress the identities of Kanaka Maoli Nationals so as to be recognized as such by themselves, their families, their descendants and the Kingdom has been the coerced adoption of untold thousands of Kanaka Maoli National children by non Kanaka Maoli Nationals. Such coerced adoptions constituted acts of Genocide under international law.

Every Kanaka Maoli National has an inalienable right to know the identity of their Kanaka Maoli parents, siblings and relatives, their ancestry, and to fully participate in the Hawaiian culture and benefits of Kingdom citizenship. It is the solemn duty and responsibility of the Kingdom and of every citizen of the Kingdom to identify and locate the Kanaka Maoli Nationals who have been victims of these coerced adoptions and to introduce them to their Hawaiian families, our culture and to the benefits of their Hawaiian heritage.

Section 2. Establishment of the National Genocide Commission.

Upon his or her election and the taking of the oath of office the Head of State shall establish a permanent National Genocide Commission and shall appoint a Kanaka Maoli National as its Chairperson, together with the appointment of seven Commission members. The Chairperson and members shall serve at the pleasure of the Head of State. The Head of State shall promptly fill by appointment all vacancies arising in the Commission.

Section 3. Duties and powers of the National Genocide Commission.

The National Genocide Commission shall act to identify all Kanaka Maoli Nationals adopted by non Kanaka Maoli National persons and to inform them, their birth parents, siblings and their descendants of their status as Kanaka Maoli Nationals and of the benefits of their Hawaiian heritage, including the citizenship in the Kingdom. The descendants of those whose adoption is the subject matter of this Article XI shall be notified as set forth herein even if the adopted person is deceased.

In performing its duties the Commission may issue subpoenas for records, and for appearances before the Commission to give sworn public testimony. No person or entity shall be excused from appearance, the giving of sworn testimony or the complete production of adoption records and other relevant requested data and documents by reason of a claim of right granted by this Constitution or by law. The Commission shall enforce the giving of complete testimony and complete production of records by civil action in contempt brought before the Tribunals of the Kingdom. Upon a finding of contempt the Tribunal shall order, in addition to such remedies as the tribunal deems just and appropriate, the suspension of all rights of citizenship, residency within the Kingdom if not a citizen, occupancy and use of lands within the Kingdom and the conduct of any business or other activities whatsoever within the Kingdom, until such time as the Tribunal has determined that the person or organization has fully purged their contempt.

Section 1.

All providers of (a) electricity or other energy source including liqiud and solid and gaseous fuels, whether for public or private use and, (b) transportation of goods and/or persons, and the distributors thereof are hereby declared to be utilities subject to regulation by the Kingdom. The rates/prices charged by a utility to those who purchase from it shall be fair and reasonable and shall not exceed the legitimate costs thereto incurred by the utility plus a factor not to exceed 15% of such costs. A Ministry of Utilities Regulation shall be created to enforce this provision. Where a provider and a distributor are the same person or entity, or under the same or similar ownership and/or control to the slightest degree, the provider and distributor shall be deemed to be a single utility for all purposes under this provision.

Section 1. Existing licenses and permits granted by the state of Hawaii and its political subdivisions.

All persons and entities holding licenses and permits extant at the date of the adoption of this Constitution or thereafter issued authorizing the conduct of a profession or business or personal activity, issued by or recognized by the state of Hawaii and its political subdivisions as necessary to practice a profession or business or personal activity, including corporate registrations, shall continue to be valid licenses and permits under the laws of the Kingdom so long as the conditions of the license are maintained, for a period of 18 months from the date of the adoption of this Constitution, at which date all such licenses and permits shall expire unless application has been made to the Kingdom to reissue the license or permit as set forth by the Citizens Assembly, Supreme Tribunal or such other office of the Kingdom charged with the licensing or permitting thereof.

No license or permit shall be issued by the Kingdom to any person or entity owning lands within the Kingdom upon which land taxes are due and payable , nor if the applicant is indebted to employees for wages by reason of their failure to pay the minimum wage prescribed by this Constitution.

Section 2. Requirement for treaty; lands leased for military or national security purposes

Any settlement of claims, and all future political relationships between the Kingdom of Hawai’i and the United States shall be exclusively determined by treaty. Any future political relationship of territorial possession, statehood or like relationship between the Kingdom and the United States or any other nation shall be the subject of as conditional agreement which shall become a treaty binding upon the Kingdom only upon its approval in a special election wherein the proposed political relationship and the necessary amendments to this Constitution, if any, is/are approved by a 2/3 majority vote of the voting Kanaka Maoli Nationals worldwide. This anticipated treaty may address the rights and claims of the Kingdom and its citizens as regards claims of violations of the United States, its military personnel and citizens, of the provisions of the Hague and Geneva Conventions.

All lands and facilities within the Hawaiian Archipelago leased to or in use by the government of the United States for military and/or national security purposes shall continue in the use and occupancy of the United States, uninterrupted by the Kingdom or its citizens, residents and visitors, for a period not to exceed five years, during which period the Kingdom shall negotiate with the United states to continue such use and occupancy of lands within the Hawaiian Archipelago by the United States as the United States deems necessary in its sole discretion for its defense and security.

Section 3. Governmental transition.

The illegal occupying foreign entities of the state of Hawaii and the United States of America, and their political subdivisions, may continue to provide non political services to persons and entities within the Kingdom to such extent as the Head of State shall deem proper and expedient for the welfare of all persons residing within or visiting the Hawaiian Archipelago, and in furtherance of the peaceful transition to full and complete restoration of the Kingdom’s governance over the Hawaiian Archipelago, its residents, citizens and visitors. All taxes and assessments levied against the persons, businesses, transactions and lands within the Kingdom by the State of Hawaii, by the United States or by any of its political subdivision subsequent to the adoption of this Constitution, or prior thereto and not yet paid, shall be null and void and shall not constitute an indebtedness which may be enforced or collected within the Kingdom.

Section 4. Repeal of inconsistent laws.

Except as expressly provided for in this Constitution, as of the date of the adoption of this Constitution all laws of the State of Hawai’i and the United States of America are repealed and have no force and effect within the Kingdom of Hawai’i. Provided, however, that the first jurisdiction trial courts of the state of Hawaii may continue to enforce its laws, regulations and the common law of the United States within the Kingdom provided such laws are applied and enforced as if written consistent with the provisions of this Constitution, until such time as the Kingdom adopts its own laws, regulations and rules on the same subject matter, or until the date of January 1, 2011, whichever date shall first occur. All court orders and decisions of the authorized courts of the state of Hawaii and the United States arising after the date of the adoption of this Constitution are subject to a right of appeal only to the comparable court of the Kingdom. All court orders and decisions of courts of the state of Hawaii and the United States not consistent with the provisions of this part 4 are null and void ab initio. As the tribunals of the Kingdom are established such tribunals shall have concurrent jurisdiction with the authorized courts of the state of Hawaii and the United States and shall, effective January 1, 2011, be the exclusive courts with jurisdiction within the Kingdom.

Section 5. Peaceful transition.

It is the duty and obligation of every Kanaka Maoli National, and of every person resident in or visiting the Hawaiian Archipelago, to refrain from threat of violence and acts of violence and all acts of intimidation against all persons and property in connection with all matters relating to the present and future relationships of the Kingdom and its citizens with the United States, its citizens and political subdivisions.

I, the duly elected Head of State of the Kingdom of Hawai’i, do hereby certify that the foregoing Constitution of the Kingdom of Hawai’i has been duly adopted by majority vote of the voting Kanaka Maoli Nationals worldwide.


Dated this ____day of _______________, 2009


_____________________________________

Head of State, Kingdom of Hawai’i

Revised Monday, June 15, 2009