Hawaii court says 'spirit of Aloha' supersedes Constitution,

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Hawaii court says 'spirit of Aloha' supersedes Constitution,

Postby jdege on Thu Feb 08, 2024 4:06 pm

https://www.foxnews.com/politics/hawaii-court-says-spirit-aloha-supersedes-constitution-second-amendment
Hawaii court says 'spirit of Aloha' supersedes Constitution, Second Amendment
Democratic Hawaii AG hails court ruling as 'thoughtful and scholarly'
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."
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Re: Hawaii court says 'spirit of Aloha' supersedes Constitution,

Postby Holland&Holland on Thu Feb 08, 2024 8:51 pm

Wow. I guess no more federal aid then.
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Re: Hawaii court says 'spirit of Aloha' supersedes Constitution,

Postby Markemp on Fri Feb 09, 2024 2:49 am

SCOTUS defying is so hot right now. Thanks Texas for showing us the way.

The Roberts Court is going to go down as one of the biggest jokes in American history.

“John Marshall has made his decision. Now let him enforce it.”
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Re: Hawaii court says 'spirit of Aloha' supersedes Constitution,

Postby bstrawse on Fri Feb 09, 2024 7:31 am

Markemp wrote:SCOTUS defying is so hot right now. Thanks Texas for showing us the way.


Yeah, I'm not in favor of any state defying SCOTUS.

Hawaii's decision, if properly appealed, is going to get reversed.
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Re: Hawaii court says 'spirit of Aloha' supersedes Constitution,

Postby Sorcerer on Fri Feb 09, 2024 7:38 am

So no more carrying a knife, machete, baseball bat, ball peen hammers. Close all military base’s and then listen to the whining that their economy tanked. How long before China would come knocking at there door. Tourism would not be enough to keep their economy going.
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Re: Hawaii court says 'spirit of Aloha' supersedes Constitution,

Postby Rip Van Winkle on Fri Feb 09, 2024 7:40 am

Markemp wrote:The Roberts Court is going to go down as one of the biggest jokes in American history.
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Re: Hawaii court says 'spirit of Aloha' supersedes Constitution,

Postby Markemp on Fri Feb 09, 2024 7:48 am

bstrawse wrote:
Markemp wrote:SCOTUS defying is so hot right now. Thanks Texas for showing us the way.


Yeah, I'm not in favor of any state defying SCOTUS.

Hawaii's decision, if properly appealed, is going to get reversed.


I hope so. There have been too many states thinking they can just ignore the federal government. The 14th Amendment matters.

But this also shows how bad the Bruen ruling was. Hawaii wasn't a state until fairly recently, and there was already a long history of various forms of gun safety laws at all levels by then. The ruling by the Hawaiian Supreme Court is just using the SCOTUS ruling against itself.
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Re: Hawaii court says 'spirit of Aloha' supersedes Constitution,

Postby Rip Van Winkle on Fri Feb 09, 2024 8:04 am

You mean like when St. Paul and Minneapolis tried defying state preemption laws declaring themselves "Home Rule Cities"?
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Re: Hawaii court says 'spirit of Aloha' supersedes Constitution,

Postby Markemp on Fri Feb 09, 2024 8:13 am

Rip Van Winkle wrote:You mean like when St. Paul and Minneapolis tried defying state preemption laws declaring themselves "Home Rule Cities"?


Exactly.

https://www.minneapolismn.gov/governmen ... r-history/
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Re: Hawaii court says 'spirit of Aloha' supersedes Constitution,

Postby bstrawse on Fri Feb 09, 2024 8:54 am

Markemp wrote:
bstrawse wrote:
Markemp wrote:SCOTUS defying is so hot right now. Thanks Texas for showing us the way.


Yeah, I'm not in favor of any state defying SCOTUS.

Hawaii's decision, if properly appealed, is going to get reversed.


I hope so. There have been too many states thinking they can just ignore the federal government. The 14th Amendment matters.

But this also shows how bad the Bruen ruling was. Hawaii wasn't a state until fairly recently, and there was already a long history of various forms of gun safety laws at all levels by then. The ruling by the Hawaiian Supreme Court is just using the SCOTUS ruling against itself.


We'll agree to disagree on all of the above.

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Re: Hawaii court says 'spirit of Aloha' supersedes Constitution,

Postby bstrawse on Fri Feb 09, 2024 8:54 am

Rip Van Winkle wrote:You mean like when St. Paul and Minneapolis tried defying state preemption laws declaring themselves "Home Rule Cities"?


Other than St Paul's recent gun storage preemption violation - what are you referencing?

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Re: Hawaii court says 'spirit of Aloha' supersedes Constitution,

Postby Jackpine Savage on Fri Feb 09, 2024 9:00 am

I'm afraid it's getting to the point of unreconcilable differences.
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Re: Hawaii court says 'spirit of Aloha' supersedes Constitution,

Postby Markemp on Fri Feb 09, 2024 9:31 am

bstrawse wrote:
Markemp wrote:
bstrawse wrote:
Yeah, I'm not in favor of any state defying SCOTUS.

Hawaii's decision, if properly appealed, is going to get reversed.


I hope so. There have been too many states thinking they can just ignore the federal government. The 14th Amendment matters.

But this also shows how bad the Bruen ruling was. Hawaii wasn't a state until fairly recently, and there was already a long history of various forms of gun safety laws at all levels by then. The ruling by the Hawaiian Supreme Court is just using the SCOTUS ruling against itself.


We'll agree to disagree on all of the above.

Bryan


I literally agreed with you on hoping the Hawaii ruling gets overturned and now you disagree with it?

You think the 14th Amendment is bad too?
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Re: Hawaii court says 'spirit of Aloha' supersedes Constitution,

Postby bstrawse on Fri Feb 09, 2024 2:25 pm

Markemp wrote:
I literally agreed with you on hoping the Hawaii ruling gets overturned and now you disagree with it?

You think the 14th Amendment is bad too?


No, I don't think that - sorry I should have been more specific.

"But this also shows how bad the Bruen ruling was."
I disagree

"Hawaii wasn't a state until fairly recently, and there was already a long history of various forms of gun safety laws at all levels by then"
But now they are a state and subject to the Constitution.

"The ruling by the Hawaiian Supreme Court is just using the SCOTUS ruling against itself"
No, this was them not following precedent. This case will be overturned if appealed by competent counsel.
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Re: Hawaii court says 'spirit of Aloha' supersedes Constitution,

Postby crbutler on Fri Feb 09, 2024 3:04 pm

Markemp wrote:SCOTUS defying is so hot right now. Thanks Texas for showing us the way.

The Roberts Court is going to go down as one of the biggest jokes in American history.

“John Marshall has made his decision. Now let him enforce it.”


You seem to forget that all of these left wing end runs around gun laws started well before TX and its attempt to get the feds to follow preexisting rules. Trying to ignore court decisions is definitely not a conservative new idea.
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