Memorandums of Law
General Memorandum of Law — Public Advisory (Present and Continuing)
This General Memorandum of Law is published as a Public, Informational Advisory concerning Constitutional, Natural law, and Due Process principles governing Unalienable God-given, Natural, Medical, and Human Rights within Hawaiʻi.
The Memorandum records long-recognized Legal Doctrines, including Constitutional Supremacy, limits on Delegated Authority, and Due Process requirements that apply whenever Legislation, Policy, Regulation, or Enforcement action may affect Fundamental Rights. It is advisory in nature and does not command action, request relief, or require response.
This Memorandum accompanies Public Notice Instruments placed on the record by members of the public, including the Clean Instrument — Hawaiʻi and the Hawaiʻi People’s Scroll, which together memorialize Notice, Standing, and Governing Legal and Lawful framework.
The Memorandum is provided for Review, Reference, and Constitutional Evaluation purposes only.
Status: Present and Continuing
Use: Informational / Advisory
Note: This document is published for transparency and public awareness and may be shared or referenced without modification.
MEMORANDUM OF LAW
Re: Constitutional, Human Rights, and Due Process Implications of Proposed Legislation
I. PURPOSE OF THIS MEMORANDUM
This Memorandum is submitted to provide Legal and Constitutional analysis regarding proposed or pending legislation that may implicate Fundamental Rights, Bodily Autonomy, Parental Authority, Medical Consent, Due Process, and related Protections recognized under Federal and State Law.
This Memorandum is advisory in nature and is intended to assist legislators, committees, and staff in evaluating legal risk, Constitutional Compliance, and long-term consequences associated with the proposed measure.
II. BACKGROUND AND PUBLIC NOTICE
Members of the Public have placed on the Open Record a Public Notice, Declaration, and Resolution of the People of Hawaiʻi addressing concerns regarding the Infringement and Usurpation of Unalienable, Natural, Inherent, Enumerated, Medical, and Human rights. This Public Notice clarifies that silence, participation, or compliance must not be construed as consent, and that Fundamental Rights exist prior to and Independent of policy or office.
This Memorandum does not restate that Public Declaration. It references it solely to note that Notice has been given, and that the People’s position has been clearly articulated and preserved in advance of Legislative Action.
III. GOVERNING LEGAL PRINCIPLES
A. Fundamental Rights Pre-Exist Government Action
Courts have long recognized that Fundamental Rights are not created by legislatures but are instead Recognized and Protected by Law. Legislative Acts that burden such Rights are subject to heightened scrutiny and must demonstrate compelling justification, narrow tailoring, and proportionality.
B. Due Process and Informed Consent
Legislation affecting bodily autonomy, medical decision-making, parental authority, or compelled compliance raises due process concerns when it:
- Removes meaningful consent
- Penalizes refusal
- Conditions access to services on waiver of rights
- Substitutes policy for individualized determination
C. Limits of “Following Policy”
Public Officials and Institutions may not rely solely on policy or statute to justify actions that exceed Constitutional Boundaries. Legislative enactment does not immunize subsequent enforcement from Judicial Review, particularly where Notice of Rights objections has been placed on the Public Record.
IV. LEGAL AND PRACTICAL RISKS OF
PROCEEDING
If Legislation proceeds without addressing these concerns, the following risks arise:
- Increased litigation exposure, including claims alleging Knowing or Willful Infringement following Public Notice.
- Challenges to enforcement actions taken in reliance on the statute, particularly in schools, medical settings, or administrative proceedings.
- Individual-capacity liability exposure where discretion is exercised beyond Lawful Authority.
- Long-term invalidation risk, resulting in sunk implementation costs and policy reversals.
Courts routinely consider whether legislatures were placed on Notice of constitutional defects prior to enactment when evaluating remedies and intent.
V. RECOMMENDATIONS
To mitigate risk and promote lawful governance, legislators may wish to consider:
- Narrowing scope to avoid overbreadth or overreach
- Including explicit protections for consent and due process
- Providing opt-out or accommodation provisions
- Delaying enactment pending further study or hearings
- Clarifying limits on enforcement authority
Such measures serve both Constitutional Integrity and Public Trust.
VI. CONCLUSION
This Memorandum is offered in good faith to assist legislative deliberation. It does not demand action, assert authority, or substitute for legislative judgment. It does, however, place lawmakers on clear notice of significant Constitutional and Human rights concerns associated with the proposed legislation and avoid potential litigation.
Legislative action taken with full awareness of these concerns is more likely to withstand judicial scrutiny and maintain Public Confidence in Lawful Governance.
Public Information Disclaimer:
This material is provided for civic education and public reference only. It is not campaign communication and is not intended to influence any election. No solicitation, endorsement, or advocacy is implied.