Reading Room Document

Possible statehood for Hawaii

This memo examines the constitutionality of certain provisions in a Hawaiian statehood bill which relate to the establishment of a federal district court in the new state. Among other considerations, it asks whether the two incumbent federal judges of the territorial “legislative court” would retain their offices as federal judges of the new “Article III court,” or whether new appointments would be necessary. The memo concludes that new appointments by the president and Senate are likely required by the constitution.

March 17, 1949