by Mary W Maxwell, LLB
Editor’s note: This was sent to the legislature of Hawaii on March 1, 2024, per public invitation for submissions to a new bill
To the Hawaii Senate Committee Looking at Senate Bill 3381
From Mary Maxwell, a citizen concerned with constitutionality
Dear Committee Chair: Some parts of the proposed bill are unconstitutional and will never hold up in court. So why include them? This creates an impression that nobody cares anymore about legality — or that someone is planning to overthrow the US Constitution.
I refer in particular to Article I, sec 10 of the US Constitution, that says “No State shall… pass a … Law impairing the Obligation of Contracts….” (This is known as The Contract Clause.)
Yet your bill, SB3381, acts as if there is no such thing as an existing contract. As far as I am aware, most or all owners of property in the burnt-out areas of Lahaina had “title” to their land. Even if it was a condo, the group — say 20 owners — each owned 5% of that piece of land. And now you say your proposed Redevelopment Authority can suddenly take possession of that property?
During the Ratification debates in 1788, James Madison wrote, in Federalist 44:
“Laws impairing the obligation of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation…. Very properly, therefore, have the [Philadelphia] convention added this constitutional bulwark [Article I, sec 10] in favor of personal security and private rights…. The sober people of America are weary of the fluctuating policy which has directed the public councils. They have seen with regret and indignation that sudden changes and legislative interferences, in cases affecting personal rights, become jobs in the hands of enterprising and influential speculators….”
(I pause to note that, of course, the Fourteenth Amendment has, since 1868, secured additional rights for the people against a state passing laws that impair contractual obligations.)
This is not to say that states are completely prevented from altering contracts, where public interest recommends it. In 1848, in River Bridge v Dix, the plaintiff attempted to use The Contract Clause to prevent an act of Eminent Domain. The US Supreme Court denied the Plaintiff, ruling that it was acceptable for a company’s toll bridge to be taken by the state in order to build a highway instead.
Yet in 1931 the court cracked down, in the Blaisdell case. The Great Depression had caused many people to be unable to meet their mortgage payment timely, so they appealed to the state for an extension of time. The state obliged by passing a new law, but mortgage holders disagreed and used Article I, sec 10, to say “no impairment of contractual obligations, please.” They won. The case is Home Building and Loan Association v Blaisdell.
In 1977, in US Trust Company of New York, trustee, v New Jersey at al, it was argued that a 1974 statute could not supplant a 1962 covenant concerning security bonds of the Port Authority. In a 4-3 judgment (Justices Stewart and Powell took no part), the Contract Clause was again upheld. Among the reasons: “(d) An impairment of contract [must be] both reasonable and necessary to serve an important public purpose, but here the impairment was neither necessary to achieve the States’ plan to encourage private automobile users to shift to public transportation nor reasonable in light of changed circumstances.”
Hawaii might wish to claim that its Redevelopment Authority’s proposal to impair various contractual obligations are “reasonable and necessary to serve a public purpose.” Indeed, a case can be made that the devastation of Lahaina is so extreme that a whole new legal approach is warranted today. One obvious objection to this, however, is that SB3381 imposes the new Authority on most of the West Coast of Maui — a lot more land than merely the burnt-out Lahaina land. Why is that being done?
Also, I repeat my testimony (sent to Maui Council) about the seizing of the burnt-out land. I ask “Who paid for the clean-up?” It seems that FEMA, Federal Emergency Management Agency, and/or the EPA, Environmental Protection Agency, were in charge, but the Environmental Protection Act says that before its agency pays for the clean-up, it must be determined who caused the damage.
That would require a proper investigation. The government blithely implicates God, by saying that it was a natural fire. No, God did not kill those people. Everybody knows it was an attack by DEWs, Directed Energy Weapons; the evidence is overwhelming. Who sent the DEWs? Three possible suspects come to mind: a foreign nation, the United States itself, or a private party.
If any of those three suspects is found guilty, the entire business of rehabilitating Lahaina’s land would change. What could have been the motive? If it was to kick the current Lahaina population out, for financial gain or for political reasons, the state government should certainly not be plowing ahead with the establishment of any new “Authority” in Maui County, much less a wholly unconstitutional one.
I also point to the weird issue of some billionaires allegedly planning to create an underground city in Maui. Coming so soon after the August 8, 2023 tragedy, one has to wonder if there’s a connection. I am not saying there’s a connection (my guess is No) but I am saying one does have to wonder. The question should be openly asked and answered.
I recommend that the Hawaiian Senate refer the DEW attack to the State’s Justice Department for prosecution. A RICO case may be appropriate under the 1970 federal Racketeer-Influenced and Corrupt Organization Act, or under Hawaii’s RICO Act. A Special Prosecutor would almost certainly need to be appointed.
In my opinion, there is nothing that American law can’t do and do well.
With apologies to Shakespeare’s King Lear: “Whilst I can vent clamor from my throat,” I yell: Don’t cover up the horrible, fantastic crimes committed six months ago in heavenly Hawaii.
In sum, I request that your committee take at least the minimal step of dousing SB3381. Mahalo.
Respectfully yours,
Mary Maxwell, PhD, LLB
175 Loudon Rd, Apt 6
Concord NH 03301 USA
Email: MaxwellMaryLLB@gmail.com,
author of Prosecution for Treason (Trine Day Press 2011) and Society Is the Authority (Amazon, 2024)
This comment is to initiate comments
Last post: “Everything Was Planned”
This post: “the impression that nobody cares anymore about legality — or that someone is planning to overthrow the US Constitution.”
The question that needs to be answered is, why should alleged “planners” be deemed any worse than opportunists ?
Here’s a bit about “planned” environmental degradation that confronts most of us every day:
https://www.theguardian.com/technology/2020/apr/15/the-right-to-repair-planned-obsolescence-electronic-waste-mountain
Planned?
Or is the issue merely the coalface of a much broader phenomena ?
Absolutely, there is a planned obsolescence policy …. For profit.
Anyone heard of a greenie, teal, Bowen and/or company EVER EXPLAINING TO THEIR BRETHREN THAT SO FAR A SUSTAINABILITY IS CONCERNED THEY ARE FRAUDS AND HYPOCRITES.
I swung a Chinese axe three times into a green stump, little wedge for screlease, on third stroke and the steal blade snapped.
‘HOW DARE YOU’ NOT MENTION THAT: MS Greta ‘Thunderberg’ of the UN.
Hypocrites! Does any shock joke or the ABC raise this point?
More attention needs to be given to the fact that the U.S. incorporation of Hawaii was, of itself, opportunistic; it had nothing whatsoever to do with the rule of law:
thanks Elspeth–
Ahh — History Matters History of People and Place Matters Even More.
“While Native Hawaiian protest has a long history, beginning just after the overthrow of the Hawaiian Kingdom, many notable protests came during or after the Hawaiian cultural revival. These include the Kalama Valley protests, the Waiāhole-Waikāne struggle, the Kahoolawe island protests, and protests over the presence and management of astronomical observatories atop Hawaii’s mountains, most notably the Thirty Meter Telescope protests.[19]”
https://en.wikipedia.org/wiki/Native_Hawaiians
https://www.hawaii.edu/news/2024/02/01/dune-project-excavation/
“Excavation workers have finished carving out the future home of the gigantic particle detectors in South Dakota for the international Deep Underground Neutrino Experiment (DUNE), marking a major step forward for the project.”—
“DUNE scientists, including experts from the University of Hawaiʻi at Mānoa, will study the behavior of mysterious particles known as neutrinos to solve the biggest questions about our universe. Some of the questions are: Why is there an excess of matter over antimatter in the universe? How does an exploding star create a black hole? Are neutrinos connected to dark matter or other undiscovered particles?
UH Mānoa physicists are responsible for the calibration of the gigantic detectors to validate and tune their performance. The project is hosted by the U.S. Department of Energy’s Fermi National Accelerator Laboratory.
“With the completion of the caverns ready to receive the detectors, there is a lot of excitement in finally bringing these largest ever-built contained neutrino detectors to life,” said DUNE scientist and UHMānoa Department of Physics and Astronomy Professor Jelena Maricic. “The findings from DUNE have the potential to reshape our comprehension of the cosmos, offering insights that may transcend the realm of physics and impact our broader understanding of existence.”
https://time.com/6551188/mark-zuckerberg-underground-bunker-hawaii-report-reaction/
Mark Zuckerberg Is Reportedly Building an Underground Bunker in Hawaii
3 MINUTE READ
https://www.realclearscience.com/blog/2020/01/14/the_largest_nuclear_test_in_outer_space_had_startling_effects_on_hawaii.html
“Starfish Prime’s effects were also felt on the ground. The blast triggered an electromagnetic pulse (EMP), a result of electrons being rapidly accelerated and fleetingly forming their own powerful magnetic field. Citizens reported that almost at the very instant of the blast, radios blacked out, telephones stopped working, and thirty strings of streetlights on the island of Oahu spectacularly failed.”
The blast triggered an electromagnetic pulse (EMP)– Clif explains the significance of this
MM.
I am waiting for Oprah Winfrey to submit a comment to your submission.
Jim Willie in his latest at BIN refers to the short examples of the DEW killings in his interview.
“New Dr Jim Willie: March madness. Spring intel update – bond defaults – snafuradio”
There is a lot to consider.
If any one bothers. Note his financial prediction for our ‘Five Eyes’ idiots.
BRICS WILL SCREW US.
Well done Mary. Hope you are taken notice of by the local Committee.
Mal, I have just been told that the Hawaiian senate did pass Bill 3381.
Another awake report on DEWS and weapons system
Mike Adam’s at his ‘ S U , mar 2.2024 red alert etc … war on Russia.’ At BIN.
First 6 mins then on to one Trillion EVERY 100 days…. And fraud.and theft.
Note gold up – go bars!💰
23 mins > MARCH THE ELENTH.🙀
If you did not bother to listen to the whole of Mike Adans’ report and TAKE NOTE, YOU ARE IN THE BOTTOM OF THE GARDEN HAVING A TEA PARTY WITH THE FAIRIES ……AND OUR PELICAN POLITICAL ‘ FOLLIES’ WITH THE MSM AND ABC FAIRY FARTS….. HEAPS OF METHANE, ENDANGERING OUR SUSTAINABILITY…..
NEXT, listen to Mary at situation update at beforeitsnews.com people powered news. (BIN)
At the start Mary lets viewers know what significant reports that she is going to present.
I know of all of them so either listen or go poor the tea in the bottom of the garden with your pixie mates and the GLOBALIST FASCIST main stream fake lying misinformation traitors.
ITS ON🙀💁
Attention all politicians, ABC. SBS, mass medial misinformation traitors, Senator Gallagher. Et.al, your time is up.
More from Mr O’Looney, embalmer, UK, with Alex Jones’s from about 42 mins.
HOW ARE LYING KILLERS GOING TO IGNORE AND HIDE ALL THIS?
You bastards are finished.
What are you going to say to the families of the injected victims?