Public Law 103-150, informally known as the Apology Resolution, is a Joint Resolution of the U.S. Congress adopted in 1993 that "acknowledges that the overthrow of the Kingdom of Hawaii occurred with the active participation of agents and citizens of the United States and further acknowledges that the Native Hawaiian people never directly relinquished to the United States their claims to their inherent sovereignty as a people over their national lands, either through the Kingdom of Hawaii or through a plebiscite or referendum" (U.S. Public Law 103-150 (107 Stat.
The Apology Resolution derives mainly from the Blount Report, which was compiled shortly after the overthrow of the Hawaiian monarchy (spring 1893).
Blount found strongly in the favor of Queen Liliʻuokalani and her supporters, and his report was an official criticism of the U.S. role in the overthrow.
14, "To acknowledge a long history of official depredations and ill-conceived policies by the Federal Government regarding Indian tribes and offer an apology to all Native Peoples on behalf of the United States.
Opponents of the Apology Resolution point to this official repudiation of the Blount Report as sufficient reason to dismiss any conclusions based on it.
Despite being staunchly in favor of reinstating the monarchy, President Grover Cleveland also reversed himself upon receipt of the Morgan Report, refusing requests from the queen for further aid in her restoration, and acknowledging both the Provisional Government and Republic of Hawaii as the legitimate successors to the Kingdom.
Washington-based constitutional lawyer and Grassroot Institute of Hawaii consultant Bruce Fein has outlined a number of counterarguments challenging the historical accuracy and completeness of the assertions made in the Apology Resolution.
They wrote an article in the Wall Street Journal titled The Opposite Of Progress in which they were critical of the historical veracity of the Apology Bill.
[2] In a response to the State of Hawai'i Appeal of the Arakaki Decision, the plaintiffs argued that the "whereas" clauses should not be given legal effect.
The Supreme Court in Rice demonstrated how to deal with the Apology Resolution: the Court cited it but decided the case based on the facts in the record.In testimony before the United States Senate Committee on the Judiciary, April 17, 2002, Michael Glennon opined that whereas clauses have "no binding legal effect": Under traditional principles of statutory construction, these provisions have no binding legal effect.