Kamehameha Schools Admissions Policy Upheld

[brianca]

Re: Kamehameha Schools Admissions Policy Upheld

Sorry. I don't think SCOTUS will take the case. It's not really in line with the cases they've been looking at this term, so I expect that they will let the policy stand. I think if they heard the case, they would overturn the policy but I don't think they want to do so. That means they only option they have is to not hear the case and let the lower court ruling stand.

[craigwatanabe]

Re: Kamehameha Schools Admissions Policy Upheld

There are 2 issues you might be remembering.

1) KSBE enjoys non-profit tax free status. They pay no taxes on profits and therefore should not "discriminate on the basis of.......".

2) There was an issue with ROTC. I think it received federal funding. I believe KSBE dumped ROTC in order to not trigger a federal issue.

So they are not completely "private". KSBE could probaby get away with current admission policies if it were willing to dump its not for profit status. But that might cost billions.

Regarding #1, when I was a parent in the KSBE band booster organization (Kapalama HS band) we couldn't write off our donations for taxes. We were explicitly told not to do so.

Regarding #2, even though KSBE had a JROTC program they were never funded by the US Government. It was the ROTC program itself that indicated that it would have a hard time sanctioning a JROTC Program with a school that had some form of discrimination because of it's adherance to the US Constitution.

One must remember that the will of Princess Bernice Pauahi Bishop was drafted under the auspices of the Hawaiian Monarchy not under the US Government where discrimination against Non-Hawaiians was lawful. This will cannot be held accountable under the US Constitution because it is still lawful under the laws of the Monarchy of the Hawaiian Kingdom.

A kingdom that has been proven to have been overthrown ILLEGALLY by the government that oversees it's deposed citizens. The apology by the US government only leans towards this fact.

So if the overthrow was deemed illegal, the legal documents of Pauahi's will should remain intact under the presiding laws that allowed it's very existance.

Speaking to a KSBE official once during a KSBE function, it can be construed that the term "Orphaned" can be applied to those keiki of Hawaiian descent that would have been "Orphaned" from their ancestral lands of Hawaii under US control.

The timing of the drafting of the will was just prior to the overthrow. Princess Pauahi must have known that the Hawaiian kingdom was doomed to an overthrow by the US Government so she drafted her will to provide funding for the keiki of Hawaii that would be orphaned from the land that was their ancestors. Not necessarily orphaned from their birth parents but orphaned from their birthplace.

If she had known that the overthrow was illegal, she would also have figured out that her will would remain legal despite having the powers of the US Constitution bearing down on it's acts of discrimination.

Even if this is all speculation, the fact is that the will was legalized thru the laws of the Hawaiian Kingdom that allowed this form of discrimination and that the overthrow was illegal, making those legal documents drafted under the Hawaiian Monarchy legal to this date. The US Constitution doesn't apply here...never did.

And Tim...it's over the judges ruled in favor of KSBE. Their judgement was based on legal documents and arguements presented including viewpoints reflective of your arguements. Arguements that failed in this court.

So what's the next step? The US Supreme Court. But it looks as if they may not consider it, ending this debate.

It's over. Let the Hawaiian's have their school. They've had their lands taken away, their kingdom overthrown and their lives second-classed by the very people they warmly invited in. KSBE is one of the few Hawaiian institutions that survived the overthrow and is still surviving despite the attacks thrown at them by outsiders.

It's over...you have no arguement.

IMUA KAMEHAMEHA!

[TuNnL]

Re: Kamehameha Schools Admissions Policy Upheld

I resemble that remark.

HAHAHAHAHAHAHA!!!! I think they should build white remedial schools for people like timkona, who obviously failed English 101.

[Mahi Waina]

Re: Kamehameha Schools Admissions Policy Upheld

I'm amazed that someone with such a high position in our judicial system has such a narrow-minded, ignorant outlook. I guarantee you this judge was one haole, guarantee.

Talk about cognizant dissonance.

[brianca]

Re: Kamehameha Schools Admissions Policy Upheld

Even if this is all speculation, the fact is that the will was legalized thru the laws of the Hawaiian Kingdom that allowed this form of discrimination and that the overthrow was illegal, making those legal documents drafted under the Hawaiian Monarchy legal to this date. The US Constitution doesn't apply here...never did.

All government overthrows are illegal from the US overthrow of British rule to Kamehameha's overthrow of the other kings of the islands. Those were both illegal actions as well. I would expect that SCOTUS wouldn't find that the constitution of the US still applies to the United States even though that's the case, and I would expect that most Hawaiians agree that the constitution of the Kamehameha monarchy applied to the islands even though his rule was illegal.

The US government didn't overthrow the monarchy, but that's more of a side note because the source of the overthrow is not particularly relevant to the discussion of what set of laws governs the land at this time.

I think there are very good arguments for why Kamehameha should be able to maintain its policies, but this isn't one of them. Arguing at SCOTUS that SCOTUS has no authority here will likely not make much traction.

[waioli kai]

the so-called "white race"? Re: Kamehameha Schools Admissions Policy Upheld

Talk about cognizant dissonance.

It is typical of the American "white race" to not want to celebrate races of peoples since whites themselves have been unable to maintain the fallacy, immorality and justUS of their being regarded as a the superior race. As if being "white" is a race! Races of people generally have a culture identifiable with their race. Other than a culture of fanatically militarUSt justUS, nothing culturally identifies the so-called "white race".

[Mahi Waina]

Re: the so-called "white race"? Re: Kamehameha Schools Admissions Policy Upheld

It is typical of the American "white race" to not want to celebrate races of peoples since whites themselves have been unable to maintain the fallacy, immorality and justUS of their being regarded as a the superior race. As if "white" is a race. Races of people generally have a culture identifiable with their race. Other than a culture of fanatically militarUSt justUS, nothig culturally identifies the so-called "white race".

If it looks like dog sh!t, smells like dog sh!t, and tastes like dog sh!t, it probably is dog sh!t.

Racism is racism.

[newroots]

Re: Kamehameha Schools Admissions Policy Upheld....

As a staunch supporter of Hawaiian rights, I celebrate this decision. I have always said, justice will prevail for Hawaiians not because America is evil but because America is the greatest country on Earth and has shown herself the best country in human history to recognize, admit and rectify past mistakes.

Imua Kamehameha.
Imua Hawaii.

oly smack! ..... thats a quote for the ages kamauelakea. i couldnt have said it better myself.

[Pua'i Mana'o]

Re: Kamehameha Schools Admissions Policy Upheld

there are many ways that KS could move beyond the racist hoop they've been flinging themselves through and fully comply with the Princess' wishes. One manner would be to take their orphaned/indigent cap™ and apply it to orphans and indigents regardless of ancestry. If that Maui kid had fit that definition, it would still have been pono.

If they would readjust their thinking, that raising the tide for these kids would benefit Hawai'i as a whole, as well as consider that these kids one day may well grow up and become among the family trees of future Hawaiians, then their defense for doing so is actually very Hawaiian in thought.

If KS talks about pono, they had better walk pono.

WWPD? She would help the needy.

[timkona]

Re: Kamehameha Schools Admissions Policy Upheld

I am truly fascinated by the number of Hawaiians who honestly believe that KSBE is doing good things for Hawaiians.

I will say one thing. KSBE has an excellent marketing department.

If all the folks in the Honaunau B subdivision, and others, would just move away, so KSBE could raise their lease rents, and have more "wealthy" folks move in, then the school would have even more money. Oh, but aren't all those folks Hawaiians themselves.

Lucky for me, and for my 31 neighbors, that I badgered the Bishop until they sold us our lands. Some of my neighbors have been paying rents to Bishop for 3+ generations.

Screw Bishop Estate.

[alohabear]

Re: Kamehameha Schools Admissions Policy Upheld....

As a staunch supporter of Hawaiian rights, I celebrate this decision. I have always said, justice will prevail for Hawaiians not because America is evil but because America is the greatest country on Earth and has shown herself the best country in human history to recognize, admit and rectify past mistakes.

Imua Kamehameha.
Imua Hawaii.

If you support the rights of ALL Hawaiians, then support the right that all the keiki of the Kanaka Maoli SHOULD be allowed to go to KSSB.

[Jonah K]

Re: Kamehameha Schools Admissions Policy Upheld....

If you support the rights of ALL Hawaiians, then support the right that all the keiki of the Kanaka Maoli SHOULD be allowed to go to KSSB.

KSSB? As long as they're residents of Kansas and are visually impaired, why not?

[Kahalu'u Kid]

Re: Kamehameha Schools Admissions Policy Upheld

Talk about cognizant dissonance.

Whoa! Big words! "Cognizant dissonance?" What dat? A haole is a haole, a Hawaiian is a Hawaiian, a Kepani is one Kepani. They all have similarities and differences--how is acknowledging that racist? 'A'ole maopopo ia'oe?

[waioli kai]

quantum theory Re: Kamehameha Schools Admissions Policy Upheld....

QUOTE=LeiKaina;120736 And 1/8 kanaka is a lot, it's my understanding that many who attend are 1/32 and 1/64. I know blood quantum is a haole/western concept .... /QUOTE

Over a hundred years ago, when asked by a U.S. officail what he thought should qualify a person as being "Hawaiian", one legislator of near if not all Hawaiian lineage said he thought 1/32 was sufficient. The U.S. official would not allow for that since he thought that would allow for too many people to qualify as being Hawaiian.

[waioli kai]

perpetual rent to Hawaii County or KSBE? Re: Kamehameha Schools

QUOTE=timkona;121138 Lucky for me, and for my 31 neighbors, that I badgered the Bishop until they sold us our lands. /QUOTE

And now you pay rent (property taxes) in perpituity to the county...hah,hah, may your rent climb with your rising property assessments.