THE ADMISSION ACT

 

An Act to Provide for the Admission of the State of Hawaii

into the Union

 

(Act of March 18, 1959, Pub L 86-3, 73 Stat 4)

     Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to the provisions of this Act, and upon issuance of the proclamation required by section 7(c) of this Act, the State of Hawaii is hereby declared to be a State of the United States of America, is declared admitted into the Union on an equal footing with the other States in all respects whatever, and the constitution formed pursuant to the provisions of the Act of the Territorial Legislature of Hawaii entitled "An Act to provide for a constitutional convention, the adoption of a State constitution, and the forwarding of the same to the Congress of the United States, and appropriating money therefor", approved May 20, 1949 (Act 334, Session Laws of Hawaii, 1949), and adopted by a vote of the people of Hawaii in the election held on November 7, 1950, is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed.

 

Attorney General Opinions

 

  Allows State to sell, alienate, or otherwise dispose of ceded lands; 1978 constitutional amendments did not alter State's authority.  Att. Gen. Op. 95-3.

 

Case Notes

 

  Hawaii not denied "equal footing" by reason of C.A.B. control over interisland air transportation.  363 F.2d 120.

  Created a federal right enforceable under 42 U.S.C. 1983.  739 F.2d 1467.

  Admission Act is a federal public trust, creating a federally enforceable right for beneficiaries to maintain action against trustees; plaintiff's 42 U.S.C. §1983 action thus proper.  3 F.3d 1220.

  There is no positive command in this Act for the United States to bring a breach of trust action against the Hawaiian homes commission or its members.  824 F. Supp. 1480.

  Where plaintiffs alleged, inter alia, state defendants breached their trust responsibilities under this Act, claims against State or its agencies or departments, and defendants in official capacities barred by Eleventh Amendment; state defendants sued in personal capacities were entitled to qualified immunity.  824 F. Supp. 1480.

  "Equal footing," referred to:  44 H. 634, 642, 361 P.2d 390.

  Association that included native Hawaiian beneficiaries asserted viable claim under 42 U.S.C. §1983 alleging breach of trust duties by appellees under Hawaiian Homes Commission Act via Admission Act.  78 H. 192, 891 P.2d 279.