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Will Hawai’i be ruled by emergency proclamation?

Published in Blog on July 21, 2023 by Brett Kulbis

While on the National front we see President Biden* weaponize the Federal Government to attack his opponents and use Executive Orders to reward his supporters. Right here in our own backyard Governor Green is conducting his own unilateral tyrannical control of the State but by State of Emergency proclamations.

Per Article V Section 5 of the Hawai’i State Constitution state, “The governor shall be responsible for the faithful execution of the laws.” However, under Hawai’i Revised Statute (HRS) §127A Emergency Management, Governor Green has unilateral control of all State Government facilities, services and personnel. He can spend money as he deems necessary regardless of the legislative budgets. He can suspend any State or County law that impedes or tends to impede or be detrimental to the expeditious and efficient execution of the State of Emergency proclamation. For more details on the Governor’s unchecked authority refer to HRS §127A-12 and §127A-13. So does suspending laws in a questionable State of Emergency proclamation violate the State Constitution? I think so!

What is even more troubling, based on what we experienced and learned during the COVID pandemic State of Emergency proclamations by Governor Ige, there is no accountability. In HRS §127A-14 there are no checks or balances should a Governor abuse this power.

Even after witnessing this abuse of our Constitutional rights. State Legislators didn't have the political will nor moral courage to pass legislation to place limits on the governor’s emergency powers.

 

Why reform of Hawaii’s emergency powers law failed! by Melissa Newsham

Think Tech Hawaii - Why State Emergency Powers Reform Failed (Video)

It's this recent history and knowledge that has many in Hawai’i asking the question, “Is this legal?” According to HRS §127A-2 the definition of "Emergency means any occurrence, or imminent threat thereof, which results or may likely result in substantial injury or harm to the population or substantial damage to or loss of property or substantial damage to or loss of the environment.” So it makes you wonder, do our homeless and housing crises meet this definition, or is the Governor doing this to circumvent the State Legislature and Hawai’i laws?

Since being elected in November 2022, Governor Green has issued five State of Emergency proclamations of which three are highly suspect because they dramatically redefine the definition of “Emergency”:

 

1. January 23, 2023 – Relating to Homelessness
2. July 17, 2023 – Related to Housing 
3. July 18, 2023 – Relating to Uncle Billy’s Hilo Bay Hotel

See all five of Governor Green’s current and active State Emergency Proclamations HERE.

As we watch this charade unfold let’s not forget that our State Constitution states, “All political power of this State is inherent in the people and the responsibility for the exercise thereof rests with the people.”

It is our duty to inform ourselves of the issues in our own backyard and to engage with our local leaders. Winning back our country starts with winning back control of our local government. 

For Freedom,

Brett Kulbis
Hawai'i Grassroot Coordinator

About "Ask The Chief" - Ever since the U.S. Navy established the enlisted rank of Chief Petty Officer (April 1, 1893), “Ask the Chief" has resounded throughout the ranks by both enlisted and officer. For over 125 years the Chief has been the expert leaders & trainers, fountain of wisdom, ambassadors of good will, authority in personnel relations as well as in technical applications. Chiefs are the backbone of the Navy always have been and always will be. Just like the grassroot volunteers are the backbone of COS, always have been and always will be.

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