Aloha e komo mai... Moron Hawaii

Aloha e komo mai… Moron

So… a bit of a review up to this point…



First, Congress is empowered to make laws. (At the state level, this job is given to state legislatures.) This is painfully obvious to anyone who has even the most basic of education on American Civics.  But there is a point to it that needs to be fleshed out.



All laws, EVERY LAW, is a restriction on individual freedom.  The only way we are truly “free” is in a state of nature.  As Thomas Hobbes pointed out, in a world of complete freedom, where the individual is only limited by his strength and his willingness to inflict violence on others, life is “nasty, brutish, and short”.



While Hobbes posited that a “Leviathan” (a completely overarching, all-powerful, totalitarian state) is necessary to keep the people in line and prevent them from killing each other, empirical evidence suggests this could not be further from the truth.



Exhibit A:  The Twentieth Century.



More humans have died at the hands of their government than any malevolent pathogen could hope to achieve.



Our Framers realized there needed to be a balance in governmental control, and in a repudiation of Hobbes (and in an embrace of Locke), they tilted towards “individual freedom”.  But it was a tilt… not an anchor.



They vested the power to craft laws in the legislature for a single reason… it is subject to political pressures.  For a law to be enacted, or to state it another way, for people to have their freedoms diminished, politicians need to stick their necks on the line and vote for it.



In the past there was a natural hesitation to do this.  I don’t believe that is the case anymore. Whenever the government nears a shut down, politicians from both sides of the aisle pontificate how they need to “Get past this to get down to the business of Congress and pass laws!”… I always recoil at this.  The idea that legislation should be graded by volume is a staggeringly bad idea.



The Constitution acts (well, has acted)… as a secondary measure of ensuring personal freedom and minority rights.  Certain “things” (policy decisions, legislation, etc.) are simply “off the table” because the Constitution (more specifically, the Amendments) strip that power from the government.



This creates predictability.  Predictability allows for an analysis of potential risk.  Accepting the risk allows for commercial activity.



The judiciary acts to ensure that the Legislative (and Executive) branch stays in line with its Constitutional obligations and constraints.  They represent the last line of defense in predictability.



As I have said before, once you have lost your judiciary, you’ve lost your country.



This then brings us to Hawaii.



As you are all well aware, two years ago the Supreme Court issued an opinion in NYSRPA v Bruen.  There are actually quite a few facets to that case, but one of the most important parts is a formal recognition that the Second Amendment exists outside the home.  As such, someone needs to have some architecture of method to be able to exercise the right to bear arms.  (This could be in the form of Constitutional carry, CCW regulations, or open carry.)



The Second Amendment only restricts what the federal government can do.  But the Second Amendment has been recognized as a “fundamental right” and, therefore, is now incorporated into all of the individual State’s Constitutions.



Last week the Supreme Court of Hawaii… in a unanimous decision, authored by Chief Justice Eddins, said it herby refuses to recognize the supremacy of the Supreme Court of the United States.



In the opinion of Hawaii v Wilson, Eddins boldly states that Hawaii is not bound by Supreme Court opinions. In fact, he boasts there have been opinions handed down by the Court that they don’t agree with, and instead, implement the dissenting opinions.  (He actually wrote that!… But wait… it gets better.)



Apparently the Hawaii Supremes are deeply troubled with individuals exercising their Constitutional right to bear arms… so they have decided that individuals simply don’t have one.



That’s it.



They disagree with the Bruen decision so they are not going to follow it.



And what is the intellectual rationalization for their resistance to Bruen?



It violates:  “Spirit of Aloha”.






That is it.  That is their legal argument.  That is their rationalization.  The worst part:  This is a unanimous decision!  If it was just the misguided rantings of Chief Justice Eddins, it would be bad enough… but an entire panel agreed with this sophistry!



But why yield here, Hawaii?



Why stop at the Second Amendment? There is so much more work for you to do!



Let’s hit the pause button on the First Amendment!  Let’s stop this nonsense of the Uniform Commercial Code!  The Fourth Amendment really puts a lot of constraint on the State… let’s stop following it!



“Spirit of Aloha” my ass… this is intellectually lazy… and, frankly, kind of creepy in a “new age time share pitch” kinda way.



As the great political philosopher, Joe Isuzu, once stated from a beach chair, “In mak data essso malhala benno massa… iki bobo.”



His made up Hawaiian language has as much intellectual weight as the garbage the Hawaii Supreme Court has belched out.



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Comments (15)

  • Michael Klett Reply

    If Hawaii can do it, then so can California. Afterall, the Supreme Court violates the “Spirit of Dude!”. I think we are in deep sneakers.

    02/21/2024 at 14:35
  • Eddie Ramos Reply

    It appears that the Sulphur that the volcanoes there are spewing out, have affected the Hawaiin Supremes abilities to rationalize. Let us hope the Jet Stream does not take this over to the mainland!

    02/21/2024 at 14:41
  • Dan Reply

    We should acknowledge, though, that they are simply mirroring POTUS. Since hE has decided to forgive Student Loans an likewise disregard SCOTUS, what weight to ‘they’ even carry.

    I do miss the late, great, US of A.

    02/21/2024 at 14:44
  • Dan Reply

    *** look at the typos *** Sorry about that. It should have read:

    “We should acknowledge, though, that they are simply mirroring the POTUS. Since he has decided to forgive student loans and likewise disregard SCOTUS, what weight do ‘they’ even carry?

    I do miss the late, great US of A.”

    02/21/2024 at 14:46
  • Gary Ford Reply

    New meaning to the word Aloha. I’ll never see it the same.

    02/21/2024 at 15:03

    The Spirit of Aloha covers a lot of what goes on in that state. My step-brother was born and raised there, left for the mainland 45 years ago, tried to return in retirement, and finally left in disgust after three years. As a former sheriff’s deputy in Napa County you’d think he’s be afforded the right to carry a concealed weapon. Not in the Aloha state. The mentality there on all things is just, well, absurd. I believe part of that mentality comes from the natives’ resentment at having been colonized initially by the British, then absorbed by the greater USA. Perhaps the resentment is justified. But at some point the citizens of Hawaii voted to become a part of this country; it wasn’t forced upon them. They should follow the laws however anti-Aloha they may be if they want the benefits of the greater union. What is really surprising is that there has been no pushback from the feds. I wonder how they would react if the Spirit of the Lone Star State balked at a SCOTUS decision.

    02/21/2024 at 15:15

    I understand the Aloha Spirit. I catch it very time I’m sitting on the beach at Napili Bay, Maui. I listen to the lapping of the waves on the shore, enjoy the warm sun, get cooled by the balmy trade winds, have a good book to read and perhaps a libation to sip. That to me is the Aloha Spirit. Somehow I don’t know of any other spirit they could be talking about. But then that probably means I’m the idiot.

    02/21/2024 at 15:29
  • J.R. Mathews Reply

    Time for good (red) states to band together (will take lots of courage), re-adopt the actual Constitution, and go their own way apart from the rest of the blue-state, misguided, unlawful country that it has become. Doesn’t matter that such a (predominantly peaceful though bold) move was supposedly “decided” after the civil war. Times have changed quite a bit between now and then. Otherwise, let’s just sit back and watch the rights erode further. Truly something needs to happen.

    02/21/2024 at 16:42
  • Dave Engebretson Reply

    In a Bradley Cooper movie, Brad‘s character met with a tribal leader who is wearing a T-shirt that said Hawaiian by birth, American by force. The chest of their conversation was that the US forcibly took their islands away so to use them for military purposes.

    02/21/2024 at 17:20
  • John Denney Reply

    A guy was tending his farm in Kauai & was attacked by a wild pig, the pig gashing the guy’s leg.
    Where was that pig’s spirit of aloha?

    02/21/2024 at 18:12
  • Chris Reply

    I have always thought the LA Times was completely liberal and repressive. However, tonight on Spectrum One, Eric Smith, a columnist for the LA Times was interviewed because of her repudiation of SB2. I hope it gets the attention of some of our legislators and draws them out of their fanatical attacks on the Constitution.

    02/21/2024 at 21:14
  • Robert Hagler Reply

    I would imagine that the patriots in the 1700’s were feeling a bit squeezed by the prevailing government (British) of their time. There was a minority of like minded men and women that shaped history. Things like the Boston Tea Party occurred. Everyone is paying very high taxes these days. We all feel the restlessness, yet the powers that be in governments say all is good and it’s under control. The government is growing well beyond it’s intended size and purposes. It will take strong, disciplined politicians (new leadership) to create a new direction, and/or bring balance upon our current circumstance.
    Everyone keep the faith, stay positive, and stay focused. Vote wisely and make your voice heard. Show up to community meetings, continue to speak, write, and let the multitude of metaphorical brush fires spread throughout the land so that they may become a confluence. Thumbs up, we got this!
    (Note: As I wrote this, I was trying to keep a positive point of view, which is not easy these days. I have to do this for my own, and others’ benefit though.)

    02/22/2024 at 01:02
    • Chris Reply

      I appreciate your encouragement! We need more of that these days. And, I totally agree with your suggestions.

      02/22/2024 at 21:08
  • Greg Reply

    This is not new. California does this all the time when Newsome signs yet more gun laws that knowingly violate Supreme Court decisions/Constitution. They enact laws they know will be challlenged but the laws will remain in effect until the legal challenges run their course which will take years. Often the challenging parties will run out of money to maintain the fight. The State counts on this. We have seen Supreme Court rulings ignored all over the country lately, indicating that the highest court in the country really has no teeth to enforce their rulings – this is the real problem in my opinion.

    As for Hawaii, I will never spend my travel dollars in their state. There are other islands.

    02/22/2024 at 12:54
  • Dave E Reply

    If Hawaii won’t permit guns, how will Obama’s secret service / protection protect him? I read that he bought land (a house?) in Hawaii.

    What about our military personnel stationed in Hawaii?

    02/23/2024 at 19:17

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