CONST 0012-0001 ANNOTATIONS

This article was redesignated from "Article XI Hawaiian Home Lands" to "Article XII Hawaiian Affairs" by Const Con 1978 and election Nov 7, 1978. The former Article XII now appears as Article XIII.

The Constitutionality of the Office of Hawaiian Affairs. 7 UH L. Rev. 63.

The Office of Hawaiian Affairs and the Issue of Sovereign Immunity. 7 UH L. Rev. 95.

The Lum Court and Native Hawaiian Rights. 14 UH L. Rev. 377.

The Native Hawaiian Trusts Judicial Relief Act: The First Step in an Attempt to Provide Relief. 14 UH L. Rev. 889.

The Akaka Bill: The Native Hawaiians' Race For Federal Recognition. 23 UH L. Rev. 857.

Plaintiff challenging constitutionality of this article insofar as it created Hawaiian homes commission and office of Hawaiian affairs and established native Hawaiian gathering rights, lacked standing, where, inter alia, as to OHA's programs, plaintiff had not suffered injury-in-fact. 188 F. Supp. 2d 1219.

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ANNOTATIONS ABOVE RELATE TO ARTICLE, CHAPTER, OR PART HEADING;

ANNOTATIONS BELOW ARE FOR SECTION ONLY.

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Reference to "effective date of this section" in last paragraph of section apparently refers to effective date of section as amended November 7, 1978.

This and next section may be deleted without consent of Congress. Att. Gen. Op. 68-18.

Plaintiff challenging article XII insofar as it implemented Hawaiian Homes Commission Act lacked standing, where court was unable to redress plaintiff's injury as alleged in any meaningful way, in the absence of the United States as a party to the action. 188 F. Supp. 2d 1219.

Hawaiian Homes Commission Act is part of Hawai`i constitution and does not constitute federal law; thus, federal preemption principles did not apply to case where there was no relevant federal law at issue and conflict between Act and state statute was matter of state constitutional law. 87 H. 91, 952 P.2d 379.