Posted on 08/07/2005 12:31:18 PM PDT by dila813
HONOLULU -- Blowing conch shells and chanting Hawaiian prayers, some 15,000 people marched through downtown Honolulu Saturday to protest a federal court ruling striking down Kamehameha Schools' Hawaiians-only admissions policy as unlawful.
"We are outraged," said Lilikala Kameeleihiwa, a professor of Hawaiian Studies at the University of Hawaii. "This is a great setback for our people. Here we are on our own homeland and we can't educate our children."
The 9th U.S. Circuit Court of Appeals in San Francisco ruled 2-1 on Tuesday that the private school's policy of admitting only native Hawaiians amounted to "unlawful race discrimination" even though the school receives no federal funding.
The decision shocked school officials and devastated the Native Hawaiian community. The school has defended the exclusive policy as a remedy to socio-economic and educational disadvantages Hawaiians' have suffered since the 1893 U.S.-backed overthrow of the Hawaiian monarchy.
Protests against the ruling were planned throughout the islands Saturday.
"Our hearts have bled in these past four days," Michael Chun, headmaster at the school's main Kapalama campus on Oahu, told the massive crowd blanketing the courtyard surrounding Iolani Palace - the former residence of the Hawaiian Kingdom's last two monarchs.
"We must stand together to focus and right this wrong," Chun said. "March tall, march proud, march strong."
The Kamehameha Schools were established under the 1883 will of a Hawaiian princess. About 5,100 Hawaiian and part-Hawaiian students from kindergarten through 12th grade attend the three campuses, which are partly funded by a trust now worth $6.2 billion. Admission is highly prized in Hawaii because of the quality of education and the relatively low cost.
Non-Hawaiians may be admitted if there are openings after Hawaiians who meet the criteria have been offered admission.
The lawsuit was brought by an unidentified non-Hawaiian student who was turned down in 2003.
The appeals court wrote that the school's admission policies are illegal because they operate "as an absolute bar to admission of those of the non-preferred race."
Kamehameha Schools has said it will appeal. An injunction asking the court to order the school to accept the teenager for the fall term is pending.
At the Honololu rally, Gov. Linda Lingle, introducing herself as a "haole" and "a non-Hawaiian," said the court's decision was "not just."
"The Hawaiian people have been tested many, many times," Lingle said. "This is just one more test that you will show you will overcome."
Amber Marquez, 17, a senior at the school's Kapalama campus, said Kamehameha has given her a future.
"We are just trying to preserve what little we have left because everything is being taken away," she said. "We just deserve this; we feel blessed."
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On the Net:
Kamehameha Schools: http://www.ksbe.edu/
Ping! Tell ol' Kamanaiwanalaya that what's sauce for the goose, etc.
What if a school opened in Milwaukee `for Aryans only'?
Racism is racism, reverse or otherwise.
I'm not going to argue with someone who knows that salmon is one of the most honorable fishes on planet earth.
Without even reading the facts of the case, I knew instinctively that if the 9th Circus Court decided it, the decision was wrong. Of course, if the Hawaiians had declared that they were covered by the Endangered Species Act, the court would have gone the other way. Oh, what a tangled web Liberalism has woven.
The constitution had created a constitutional monarchy, but shared power with the legislature and courts. No longer would people be governed by the whims and moods of a despot.
Had it been any other than Lilioukalani, all might have been different.
there is in many liberal states like the people's republic (MA)
Well, stolen is a little harsh.
Taken over by virtue of greater military prowess would be more like it.
But, hey, that's life on the Planet Earth.
King Kamehameha the Great did not become "Great" by being a nice guy. He became "Great" by conquering (stealing) all the other Hawaiian Islands that did not belong to him.
Let's face it. A strategically located island populated by natives with stone age military technology was bound to be taken over by some military power sooner or later.
The Hawaiians should be thankful that such an inevitable takeover was done by the United States of America and without bloodshed. If not, today, Hawaiians would be an extinct native race that used to live in the Japanese Province of Hawaii.
Back in those days they would have been occupied by someone, it could have been the French.
I am with you. I fail to read anywhere in the Constitution how the federal government has been granted the power to force a PRIVATE SCHOOL to bend to it's will. But here is a question, what law or authority or penalty has been granted to the government to make them comply? The can't cut off funding because they receive none.
I think your just a little right, but it also looks like you are stuck in the box to.
No it won't. Not unless the SC decides to overturn its own precedents on this matter, which is highly doubtful.
Just because a court or law says it so doesn't make it right.
The judicial murder of Theresa Marie Schindler:
Amendment 1 - Freedom of Religion, Press, Expression
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
( Terri's religion is opposed to euthanasia. She was could not make known her opinion, despite her adulterer husband's epiphany three years after receiving a money award based partially on his declaration - under oath - he would care for her for the remainder of her natural life. )
Amendment 5 - Trial and Punishment, Compensation for Takings
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
( Throughout the 'legal' process, Terri the court denied her counsel who would defend her interests - independent of her husband who wanted her dead. )
Amendment 6 - Right to speedy trial, confrontation of witnesses
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his deference.
Amendment 7 - Trial by jury in civil cases
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
( None of the allegations of her adulterer husband were subject to jury consideration. Rather, the court rubber stamped each and every request and legal omission required by law, of her husband, as her pretend 'guardian'. )
Amendment 8 - Cruel and Unusual punishment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments [ shall not be ] inflicted.
( If court ordered death by dehydration and starvation can be justified as reasonable, Hitler's courts were angels of mercy by comparison. )
Amendment 9 - Construction of Constitution
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment 14 - Citizenship rights ( in part) 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws....."
The nullity of private property ownership:
Amendment 4 - Search and seizure
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment 5 - Trial and Punishment, Compensation for Takings
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
( The Constitution does not provide for government seizure of private property on behalf of a private party!!! But that didn't stop the Supreme Court in Kelo v. City of New London , No. 04-108.
See Justices Affirm Property Seizures The highest court in our country violated the fourth, fifth, eighth, ninth and fourteenth Amendments to the Constitution ( referenced above ). The Constitution, as it pertains to citizens, was shredded by nine men and women who think they can make law and void law in their blind narsarsistic arrogance. Worst yet, the bastard elected traitors in the federal government choose to be mute at the dismemberment of our fundamental protections, which are the bedrock of our Republic.
Just because one or more people dressed in black robes declare night is day doesn't change a damn thing. Am I making my point clear to you?
Lilioukalani
Bless her , I think she was a real sweetheart ....
I am sorry for her sad fate .
LOL, I don't know much about much but I do know salmon.
The Constitution of 1887 (?) is the one referred to by the Hawaiian nationalists as the "Bayonet Constitution". I believe the first Constitution was put into force in about 1845, and provided for a bicameral legislature similar to England's, with a House of Nobles and a House of Commons (not the exact terms, but you get the gist). The Constitution of 1887 further limited the power of the monarch to a nearly figurehead position. The Hawaiian nationalists completely ignore that it provided for more democracy and less monarchy than the 1845 Constitution. I believe both Constitutions placed asset or income limitations on the eligible voters for the House of Nobles, which resulted in a haole-dominated upper legislature and a Hawaiian-dominated lower legislature. Of course, all the non-white or non-Hawaiians such as Japs, Chinese, even Portuguese and other non-English speaking haoles could not vote for either house. Thus, the "imposition" of the "white man's constitution", the U.S. Constitution, actually provided for more democracy in the long run.
I have never been to Hawaii, but every single person I know that has gone there to visit, says the same thing....its a very racist culture.....just what I heard.....
You are 100% correct about the tax-free status of the Bishop Foundation. I had forgotten about that. I believe that was challenged about 6 or 7 years ago, and the same 9th Circuit upheld the tax-free status. But wasn't Bob Jones University denied tax-free status for being against interracial dating or marriage? Hmm - wait, Bob Jones U is a evil white man institution, and Kamehameha Schools is practicing affirmative action. Yeah, that makes sense.
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