Smoking gun 1: 1993 Joint Resolution of the US Congress, signed into law by President Clinton, 21 years ago today (November 23, 1993)
Smoking gun 2: Hawaii State Constitution
Smoking gun 3: US Constitution
by Jon Rappoport
November 23, 2014
To recap: on Election Day, the voters of Maui passed a ballot measure that blocked Monsanto and Dow from developing and using new GMOs.
In the wake of this historic victory to ban GMOs, Monsanto sued Maui.
The forces now aligned against the citizens of Maui include: Monsanto and Dow, the US federal government, and even the Maui County government, which has caved in, opposes the will of its own voters, and is colluding with Monsanto to strike down the ballot measure—after it won.
However, there are smoking legal guns in this case, and they provide an opening for the citizens of Maui.
1. An opening big enough to drive a fleet of trucks through—if their legal team makes the right moves.
2. And if—this is a big if—massive international pressure is brought on behalf of the people of Maui and against the people’s opponents.
Who would bring that pressure?
I’m talking about anti-GMO groups all over the planet, as well as indigenous peoples everywhere who share common urgencies to survive.
Here is the first legal opening:
On November 23, 1993, the US Congress passed a Joint Resolution on Hawaii, and President Bill Clinton signed it the same day. It became US federal law 103-150. It’s known as the Apology Resolution.
It concerns the overthrow of the land of Hawaii by the US government:
“[The United States]…apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawaii on January 17, 1893 with the participation of agents and citizens of the United States, and the deprivation of the rights of Native Hawaiians to self-determination;
“…[and] expresses its commitment to acknowledge the ramifications of the overthrow of the Kingdom of Hawaii, in order to provide a proper foundation for reconciliation between the United States and the Native Hawaiian people…”
Below are key sections of the Resolution. Three years before the introduction of GMO crops in America and the overwhelming spraying of the toxic Monsanto herbicide Roundup, it is as if these sections were written to stop Monsanto and Dow:
“…the health and well-being of the Native Hawaiian people is intrinsically tied to their deep feelings and attachment to the land…
“…the long-range economic and social changes in Hawaii over the nineteenth and early twentieth centuries have been devastating to the population and to the health and well-being of the Hawaiian people…
“…the Native Hawaiian people are determined to preserve, develop and transmit to future generations their ancestral territory, and their cultural identity in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions…”
—Deep attachment to the land. Health and well-being of the people. Transmitting the deep belief in the health of the land and the people to future generations. What more do you need?
The Maui ballot measure is most definitely in line with the 1993 Resolution which, as I stated, is also federal law.
The huge GMO/pesticide incursion of Dow and Monsanto on Maui is a direct violation of the US Federal Resolution and Law of 1993.
The next smoking gun is the Hawaii State Constitution.
Article 11, Section 9, “Conservation, Control and Development of Resources”:
“Each person has the right to a clean and healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources. Any person may enforce this right against any party, public or private, through appropriate legal proceedings, subject to reasonable limitations and regulation as provided by law.”
Subsequent regulation and law, however, cannot sabotage the basic enumerated right to a “clean and healthful environment.”
Monsanto and Dow can’t legally run facilities on Maui and carry out more than a thousand experiments with GMO seeds and pesticides and avoid independent scientific review.
Finally, there is the US Constitution itself. The smoking gun here can be found in its opening assertion:
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
Federal law, state law, federal regulations, state regulations—they are all accountable to the Constitution, and the Constitution itself is accountable to its own opening statement, above.
What do “general welfare,” “blessings of liberty,” and “posterity” mean, if the state of Hawaii and the US government can legitimize poison (Roundup) and inserted experimental Monsanto genes, whose negative health impacts on the people of Maui are Monsanto “trade secrets?”
Monsanto’s mindless justification? State and federal laws trump county ballot initiatives.
No they don’t. They don’t trump regulations based on fraudulent science. They don’t trump the US Constitution, either.
The so-called Supremacy Clause of the US Constitution (Article 6, Clause 2) assumes a superior “trumping” law or regulation is, in fact, in line with the Constitution—but a law/regulation permitting the use of toxic GMO technology and Roundup, passed in Congress on the basis of fake and deceptive science, thereby undermining liberty, posterity, and the general welfare, is not in line with the Constitution. It’s a fraud and a crime.
The people of Maui are demanding a fair, honest, independent, and comprehensive investigation of the practices of Monsanto and Dow on their land.
That was explicitly stated in their ballot measure that won on Election Day. A stop to all new GMO operations until the investigation is done.
Monsanto and Dow desperately want to avoid such an investigation, because they know what it will bring: exposure of massive crimes. Their lawsuit is about avoidance and nothing else.
Right now, Maui is the center of the GMO universe, and it has spoken against GMOs.
That voice and that vote is the spark. It must not go out.
The whole world needs to know what is happening on Maui. Now.
Massive pressure needs to be exerted to prevent an illegal, unconstitutional, and blatantly evil Monsanto court victory.
Finally, I am making this an open communication to the men who have been bankrolling the GMO-labeling initiatives in the US:
Fund something quite different—bring to Maui the native people from the jungles of Brazil and the Indian reservations of America and the small farms of India and Africa, where Monsanto and other mega-corporations have been destroying and poisoning the land.
Bring these indigenous peoples together on Maui. Let them stand together and expose the combined truth.
Attract the international press, as the Maui court proceedings move forward, under a withering glare of attention.
Make this a story the world has been waiting for.
The author of three explosive collections, THE MATRIX REVEALED, EXIT FROM THE MATRIX, and POWER OUTSIDE THE MATRIX, Jon was a candidate for a US Congressional seat in the 29th District of California. He maintains a consulting practice for private clients, the purpose of which is the expansion of personal creative power. Nominated for a Pulitzer Prize, he has worked as an investigative reporter for 30 years, writing articles on politics, medicine, and health for CBS Healthwatch, LA Weekly, Spin Magazine, Stern, and other newspapers and magazines in the US and Europe. Jon has delivered lectures and seminars on global politics, health, logic, and creative power to audiences around the world. You can sign up for his free emails at NoMoreFakeNews.com. / www,jonrappoport.wordpress.com / link to original article