Hawaii et al. v. Office of Hawaiian Affairs et al. (556 U.S. 163)
U.S. Supreme Court · decided March 31, 2009 · Supreme Court Database (Spaeth)
- Citation
- 556 U.S. 163 · 129 S. Ct. 1436
- Decided
- March 31, 2009
- Term
- October Term 2008
- Vote
- 9–0
- Majority author
- Justice Alito
- Issue area
- Miscellaneous
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Unspecifiable
Opinion excerpt
Justice Alito delivered the opinion of the Court. This ease presents the question whether Congress stripped the State of Hawaii of its authority to alienate its sovereign territory by passing a joint resolution to apologize for the role that the United States played in overthrowing the Hawaiian monarchy in the late 19th century. Relying on Congress’ joint resolution, the Supreme Court of Hawaii permanently enjoined the State from alienating certain of its lands, pending resolution of native Hawaiians’ land claims that the court described as “unrelinquished.” We reverse. I A In 1893, “[a] so-called Committee of Safety, a group of professionals and businessmen, with the active assistance of John Stevens, the United States Minister to Hawaii, acting with the United States Armed Forces, replaced the [Hawaiian] monarchy with a provisional government.” Rice v. Cayetano, 528 U. S. 495, 504-505 (2000). “That government sought annexation by the United States,” id., at 505, which the United States granted, see Joint Resolution to Provide for Annexing the Hawaiian Islands to the United States, No. 55, 30 Stat. 750 (hereinafter Newlands Resolution). Pursuant to the Newlands Resolution, the Republic of Hawaii “cede[d] absolutely and without reserve to the United States of America all rights of sovereignty of whatsoever kind” and further “cede[d] and transfer[red] to the United States the…
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