Ka Wai Ola - Office of Hawaiian Affairs, Volume 34, Number 3, 1 March 2017 — How the Hawaiian Constitution Solved A Problem in the US Constitution [ARTICLE+ILLUSTRATION]

How the Hawaiian Constitution Solved A Problem in the US Constitution

There is an inherent problem with the United States Constitution. As a blueprint for government and a repository for essential law such as the Bill of Rights, the U.S. Constitution displays brilliance. Yet, the U.S. Constitution's problem is that it is disconnected from its philosophical source, the Declaration of Independence. Since the Civil War and the rise of American Pragmatism, whieh

teaches that there are no transcendent truths, the U.S. Constitution has been increasingly interpreted without reference to the Declaration of Independence. Consequently, rights onee considered unalienahle are now determined by legislation or litigation. On July 4, 1776, the Continental Congress adopted a statement known today as the Declaration of Independence. That date is familiar to all as the birthday of one nation, but it is also the intellectual and spiritual birthday of all freedom-loving nations that draw upon the principles of the Declaration of Independence. In the 19th century, the Kingdom of Hawai'i was one of those nations. In 1840, King Kamehameha III and Kekāuluohi as Kuhina Nui enacted a eonstitution with strong parallels to the U.S. Constitution, but its framers were concerned with more than just the structure of govemment. They wanted to make certain that the proper philosophy would guide the interpre-

tation of their constitution. The Kingdom of Hawai'i Constitution states: "God hath made of one blood all nations of men to dwell on the earth, in unity and blessedness. God has also bestowed certain rights alike on all men and all chiefs, and all people of all lands. These are some of the rights whieh He has given alike to every man and every chief of correct deportment; life, limb, liberty, freedom from oppression; the earnings of his

hands and the productions of his mind, not however to those who act in violation of laws." The language opening the Kingdom Constitution echoes the language of the Declaration of Independence whieh states: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienahle Rights, that among these are Life, Liberty and the pursuit of Happiness." But the genius of the Kingdom Constitution is that it unites timeless principles with the rule of law within a single document. It recognizes that rights eome from and are bestowed by Ke Akua ". . . on all men and all chiefs, and all people of all lands." As we trustees seek to ensure the rights of Hawaiians, let us consider the example of the Kingdom of Hawai'i Constitution whieh located equal rights for all in a timeless source. ■

Keli'i Akina, Ph.D. TrustEE, At-largE