First Circuit Court--State of Hawaii
Part I--Upholding the Constitution
Dear Judge Chang
I, Richard Morse--the named defendant in this complaint from the Chief Elections Officer of the State of Hawaii, Mr Scott Nago--am summoned to your court this day of June 17, 2014. at 9:A.M. and here I am.
My understanding is that the Chief Elections Officer wishes to establish that my candidacy for the office of governor should be terminated and that I should be disqualified from participating in the 2014 gubernatorial contest at this time.
The Chief Elections Officer cites Article V, Section 2 of the Hawaii State Constitution. This provision is clearly stated. I do not contest the Law of The Land or the Elections office, as an arm of the government of Hawaii, to invoke and uphold it.
Please allow the following statement to be submitted as my testimony in my defense.
About May 5, 2014 I picked up my nomination papers at the Elections Commission office, in Pearl City. At the time, I was clearly informed by an agent at that office, and I clearly understood, that I would not proceed to the primary ballot without a designated "running mate" to serve as Lieutenant governor.
On June 3, 2014--the deadline for all candidates to file with the Office of the Elections Commission--I did not have a designated running mate. I assumed, for that reason, that I would be automatically disqualified at that time.
So I was surprised that my name appeared on the roster of gubernatorial candidates, published by the Elections office, after that. I further assumed that the elections office knew what they doing, so did not interfere with the process.
Therefore, I have no objection to being disqualified from candidacy for the office of governor, in accordance with law, at this time; as is the plaintiffs pursuit...if I understand correctly.
However, we do not find justice when a government, or any arm or part of it, upholds the Constitution when it is convenient and violates it when it is not. And this is the situation that is currently before your court. Please consider the following examples.
I. Our current governor, Neil Abercrombie, is in violation of the Hawaii State Constitution--Article V, Section 1, relating to "The Executive", on two counts. The clause in Section 1 reads:
"The Governor shall not hold any other office or employment of profit under the State or United States during the governors term of office."
1) Our governor is currently a member of The National Governors Association Center for Best Practices (NGA) which is a consortium of state governors and corporate lobbyists, stationed in Washington D.C.
The NGA shares copyright "ownership" of Common Core State Standards (CCSS)--the national education standards that our State government has adopted. The NGA shares this copyright ownership, of CCSS, with the Council of Chief State School Officers--a nonprofit organization which is financed by Bill Gates; and which is also stationed in Washington D.C.
These Common Core Standards are extremely controversial, nation wide, and pose a serious conflict of interest to the electorate of the State of Hawaii. Clearly, profit is expected by the corporate entities involved.
2) Our governor is also a member of the Council of Governors; which is an appointed position by the President of the United States. This unelected council of Ten state governors, manages National policies and interests within Ten Regions the U.S. Union. These 10 regions have been established by the Federal Government without the consent of state legislatures. [2]
The establishment of these 10 National Regions, by the Federal government, is clearly repugnant to (or in violation of) Article IV, Section 3. of The Constitution of the United states of America: [3]
"New states may be admitted by the Congress into this union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress."
Our governor, Mr. Abercrombie, has been appointed "Governor" of Region IX. Region IX includes California, Nevada, Arizona, Hawaii, Guam, American Samoa and other trust territories in the Pacific. The Capitol of Region IX is in Oakland California. [4]
II. Common Core--the education standards and standard-aligned curriculum currently established in the State of Hawaii--violates the State Constitution repeatedly. Please consider a couple of examples:
1) In violation of Article I, Section 6 of The Constitution of the State of Hawaii; relating to RIGHT TO PRIVACY:
"The right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest. The legislature shall take affirmative steps to implement this right."
It is the standard policy, in Common Core, to collect copious personal data from students; including students' attitudes, behavioral patterns, and information about their personal lives...not excluding information about their family lives. This information is stored indefinitely in a national database; and is subject to purchase by corporate interests; not excluding government entities. [5]
One such database, cooperating in these scheme, is a private company called "inBloom", which is funded by the Bill and Melinda Gates Foundation. [5]
The fact that this data is solicited from minors (children) who are unaware of their Constitutional rights, without parents consent, in the isolation of public schools facilities, makes this Constitutional violation, by the Hawaii State Government, particularly malicious.
2) In violation of the Hawaii State Constitution, Article X, Section 1:
"There shall be no discrimination in public educational institutions because of race, religion, sex or ancestry."
Hawaii's sex education program, known as "Pono Choices", targets specific ethnic groups. Pono Choices is reported to originate from the University of Hawaii--Center on Disability Studies (CDS.) The CDS publishes a Teacher Resource Handbook (for Pono Choices) which specifies:
"Target Audience
"The target population are Hawaiians, Part Hawaiians, Asian/Pacific Islanders ages 11 through 13 in secondary or intermediate schools."
Pono Choices is "aligned" with Common Core.
3) "In Violation of Article X of the Constitution of the United States of America:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Control of education--public or private--is not a power delegated to the Federal government by the Constitution; and is thereby reserved to the States, or to the people.
Beyond the Constitution, there are three federal statutes which specifically prohibit the federal government from interfering with state's education curricula:
a) the General Education Provisions Act (20 USC § 1232a)
b) the Elementary and Secondary Education Act of 1965 as amended by the No Child Left Behind Act of 2001 (20 USC 7907(a))
c) the Department of Education Organization Act (20 USC § 3403(b))
Nonetheless, the Federal government, through the U.S. Department of Education, manipulates States to teach the restrictive Common Core curricula (exclusively) with a variety of tactics, including:
a) Offering States a chance to 'win' Race to The Top funding;
b) Granting waivers from the "No Child Left Behind" Act;
c) Withholding Race to the Top funding for non-compliance;
d) Discipline of States that withdraw from Common Core
III. Public Private Partnerships, in which the 'private partner' receives appropriations of public money or public lands or assets are in conflict with, or violation of Article XII, Section 4 of the Constitution of the State of Hawaii:
Appropriations for private purposes prohibited
"No tax shall be levied or appropriation of public money or property made, nor shall the public credit be used, directly or indirectly, except for a public purpose. No grant shall be made in violation of Section 4 of Article I of this constitution. No grant of public money or property shall be made except pursuant to standards provided by law."
Yet the pursuit of PPPs, by the current government, in all areas from education to public land development, is relentless. Of the latest and most disturbing, a House Resolution in the 2014 Legislature:
HCR 134 HD1
ENCOURAGING THE DEPARTMENT OF PUBLIC SAFETY TO ENTER INTO A PUBLIC-PRIVATE PARTNERSHIP AGREEMENT FOR THE PLANNING, DESIGN, CONSTRUCTION, TURNKEY, AND FINANCING OF EXPANDED, RENOVATED, OR NEW CORRECTIONAL FACILITIES STATEWIDE.
My initial and primary reason for running for governor was to re-align the Executive branch of our state government to the Constitution of the State of Hawaii.
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1] Abercrombie/National Governors Assoc. http://www.nga.org/cms/home/governors/current-governors/col2-content/main-content-list/neil-abercrombie.html
2] NGA article/ council of governors http://www.nga.org/cms/CoG
3] 10 U.S. Region EPA map http://www.epa.gov/radiation/regions.html
4] Council of Govs Wikipedia http://en.wikipedia.org/wiki/Council_of_Governors
5] CC Data collection http://www.hslda.org/commoncore/topic10.aspx
6] inBloom to shut down http://blogs.edweek.org/edweek/DigitalEducation/2014/04/inbloom_to_shut_down_amid_growing_data_privacy_concerns.html
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