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

[Anti Federalist]

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

https://www.msn.com/en-us/news/us/h...S&cvid=e746c28aba844a47a58bdfc64f805aab&ei=24

Story by Thomas Catenacci 8 Feb 2024

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

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

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

"The spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities," it adds. "The history of the Hawaiian Islands does not include a society where armed people move about the community to possibly combat the deadly aims of others."

 

[WarriorLiberty]

does not include a society where armed people move about the community to possibly combat the deadly aims of others."

I have a problem believing this.

 

[susano]

Then Hawaii should secede. They shouldn't be part of the US, anyway. I'm not dissing the Hawaiians, either. It's their culture which is entirely unrelated to what was founded here.

 

[unknown]

Man, thats fucking ironic.

Considering how Hawaii became a part of the US.

It was literally taken over by our military at gunpoint.

 

[familydog]

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

 

[A Son of Liberty]

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

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

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

 

[jkr]

peal
off
that
star

 

[acptulsa]

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

Considering what FEMA and the EPA are doing to them in Maui, I'm sure they'd appreciate that.

 

[Valli6]

Nice reality if you can get it

"The spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities," it adds. "The history of the Hawaiian Islands does not include a society where armed people move about the community to possibly combat the deadly aims of others."

"The spirit of Aloha" permits only this behavior:
https://www.youtube.com/watch?v=StghZ_6R5UE


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

 

[oyarde]

chumps

 

[Anti Globalist]

Sounds like Hawaii now has a completely good reason to want to secede.

 

[unknown]

Coconut sling shots.

 

[susano]

Since Hawaii is full of shitlibs, I'm guessing that if it comes to the 2nd amendment or keeping the welfare state, they would not secede.

 

[Valli6]

So, what happens next?

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

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

Seems like Hawaii's high court is guilty of "insurrecting". Will there be some other type of lawsuit? Disqualification of these particular judges? Expulsion? What remedial sanctions exist? Anyone know?

 

[Anti Federalist]

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

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

Seems like Hawaii's high court is guilty of "insurrecting". Will there be some other type of lawsuit? Disqualification of these particular judges? Expulsion? What remedial sanctions exist?

Nothing.

That's what happens next.

This regime only pressures states like Texas on the border issue, not uni-party Marxist states like Hawaii on gun grabbing.

 

[Valli6]

?!

Nothing.

That's what happens next.

This regime only pressures states like Texas on the border issue, not uni-party Marxist states like Hawaii on gun grabbing.

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

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

 

[acptulsa]

Off the top of my head, I can't recall instances of this happening without there being attempts to take it to a higher court - which is moot if the SC has already ruled...

It could still go to the SCOTUS.

 

[Anti Federalist]

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

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

Yeah, I was being snarky, sorry.

It will most likely get appealed to SCOTUS and they will more than likely strike it down.

 

[Brian4Liberty]

Since Hawaii is full of shitlibs, I'm guessing that if it comes to the 2nd amendment or keeping the welfare state, they would not secede.

Yeah, I’m not sure how much to blame Hawaiian culture vs the New York and California leftists who have moved there to turn it into another failed Democrat socialist state.

 

[susano]

Yeah, I’m not sure how much to blame Hawaiian culture vs the New York and California leftists who have moved there to turn it into another failed Democrat socialist state.

It could be that the indigenous Hawaiians, as is common among all indigenous groups who are or were homogeneous, that's it natural that the community takes care of each other. When the US welfare state moved in, what the community did for each other was gradually replaced by the government doing it.