Why the Federal Government Can’t Order Hawaii to Remove the UK Flag from Its State Flag

The United States Constitution grants the federal government specific powers, including the authority to design and regulate state flags. However, the federal government cannot force a state such as Hawaii to remove the UK flag from its official flag. This article explores the reasons behind this and delves into the historical context of Hawaii's flag.

The Federal Government's Authority

While the Constitution does grant certain powers to the federal government, such as designating the national flag, it does not extend the same authority to individual state flags. Hawaii, in particular, is unique in its own history and the meaning behind its flag, which makes the federal government's intervention impractical if not unconstitutional.

Therefore, while the federal government can exert 'carrot and stick' influences through financial incentives or regulatory actions, it cannot directly order the design changes of a state flag.

The State of Hawaii's Decision

Only the state of Hawaii has the authority to decide if they wish to alter their flag. If there is a public movement or a legislative decision within the state, then the state might consider changing its flag. However, the federal government does not have a role in this process. The dissatisfaction seems to come from people outside of Hawaii, with very few local protests against the current flag design.

The primary purpose of the flag is to honor Captain James Cook, who discovered the islands in 1778. The flag includes eight stripes, representing the eight major islands. This historical significance adds to the emotional and cultural attachment to the flag among Hawaiians.

Historical Context and Symbolism

The origins of the Hawaiian flag date back to 1816 when the original design was established. In 1845, the flag was modified to add eight stripes, each symbolizing one of the main islands. During this period, the flag underwent various changes, reflecting the evolving status of Hawaii.

A significant chapter in the flag's history came with the annexation of the Republic of Hawaii by the United States in 1898. The flag continued to serve as the state's symbol during its territorial period and eventually became the official state flag when Hawaii was admitted as the 50th state of the United States in 1959.

This historical journey of the flag represents the rich and complex history of Hawaii, reflecting its colonial past and eventual independence.

Symbolism and Independence

Some argue that because the flag design is based on the British East India Company flag, which was later incorporated into the American flag, there shouldn't be an urgent call to remove this symbol. After all, the United States itself has its own flags derived from historical naval and commercial symbols.

However, the tarnished legacy of the British influence during the overthrow of the Hawaiian monarchy in 1893 by U.S. interests remains a sensitive issue. The removal of the UK flag could be seen as a symbolic step toward affirming Hawaiian independence and sovereignty.

Conclusion

In conclusion, the federal government cannot and should not interfere with the design of state flags like Hawaii's. The decision to change the flag rests solely with the people of Hawaii. Historical context, symbolism, and the sovereign rights of the state make any federal intervention impractical and potentially unconstitutional.