THE CONSTITUTION OF THE STATE OF HAWAII

 

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  The Hawaii Constitution was framed by a Constitutional Convention under Act 334, Session Laws of Hawaii 1949.  It was adopted by the people at the election held on November 7, 1950, and was deemed amended when three propositions submitted to the people in accordance with the Act of Congress approved March 18, 1959, 73 Stat 4, Public Law 86-3, were adopted by the people at the election held on June 27, 1959.  As so amended, it was accepted, ratified, and confirmed by Congress by the Act of March 18, 1959.  It went into effect on August 21, 1959, upon the issuance of a presidential proclamation admitting the state of Hawaii into the Union.

  The Constitution has since been amended a number of times in accordance with proposals adopted by the legislature or by constitutional convention and ratified by the people.  The source of these amendments is indicated in the source notes immediately following the text of the amended or new section.

 

Revision Note

 

  On November 7, 1978, amendments to the Constitution proposed by the Constitutional Convention of 1978 were presented to the electorate for its approval.  The Lieutenant Governor's computer report showed that all of the proposed amendments passed by the necessary constitutional margin.  However, the Supreme Court of Hawaii in Kahalekai v. Doi, 60 H. 324, 590 P.2d 543 (1979), held that a number of the proposed amendments were not validly ratified.  The revisor has deleted from the Constitution these invalid amendments and added explanatory notes to the sections concerned.  This deletion has been done under the authority of Resolution No. 29 of the 1978 Constitutional Convention authorizing the revisor "to effect such necessary rearrangement, renumbering and technical changes of the sections within the articles of the State Constitution, as may be affected, for proper form and arrangement and proper order in the State Constitution in the event that any or some of the amendments to the State Constitution proposed by the Constitutional Convention of Hawaii of 1978 are not ratified by the electorate."

  In addition to the abovementioned amendments, removed from the text of the Constitution, there appear to be other proposed amendments that may have failed of ratification.  A number of unspecified amendments, involving technical, stylistic, and incidental changes, were submitted for approval by the electorate under Question 34.  As to these, the Court stated:

  The question of whether any amendment submitted for approval by Question No. 34 was in fact approved ... depends on its effect upon substantive law.  If the amendment is purely stylistic and technical in nature, and does not alter the sense, meaning or effect of any provision of the Constitution, it was approved by the electorate and has become a part of the revised Constitution.  On the other hand, if the amendment alters the sense, meaning or effect of any provision of the Constitution, it was not ratified and is not effective to change the language of the Constitution.  Obviously, we are not now in a position to make these line by line determinations.

  The revisor does not consider that the authority granted under Resolution No. 29 embraces the elimination of proposed amendments as having failed of ratification where the issue has not been adjudicated.  Thus the text of the Constitution includes all the proposed amendments submitted for ratification under Question 34.  As an aid to the readers, however, an attempt has been made to identify all such amendments--except those obviously purely technical and stylistic and clearly nonsubstantive (which have been ratified)--and explanatory notes have been appended thereto.

 

     Preamble

 

     Federal Constitution Adopted

 

Article I  Bill of Rights

 

Section

   1 Political power

   2 Rights of individuals

   3 Equality of rights

   4 Freedom of religion, speech, press, assembly and

     petition

   5 Due process and equal protection

   6 Right to privacy

   7 Searches, seizures and invasion of privacy

   8 Rights of citizens

   9 Enlistment; segregation

  10 Indictment; preliminary hearing; information;

     double jeopardy; self-incrimination

  11 Grand jury counsel

  12 Bail; excessive punishment

  13 Trial by jury, civil cases

  14 Rights of accused

  15 Habeas corpus and suspension of laws

  16 Supremacy of civil power

  17 Right to bear arms

  18 Quartering of soldiers

  19 Imprisonment for debt

  20 Eminent domain

  21 Limitations of special privileges

  22 Construction

  23 Marriage

  24 Public access to information concerning persons

     convicted of certain offenses against children and

     certain sexual offenses

  25 Sexual assault crimes against minors

 

Article II  Suffrage and Elections

 

   1 Qualifications

   2 Disqualification

   3 Residence

   4 Registration; voting

   5 Campaign fund, spending limit

   6 Campaign contributions limits

   7 Resignation from public office

   8 General, special and primary elections

   9 Presidential preference primary

  10 Contested elections

 

Article III  The Legislature

 

   1 Legislative power

   2 Composition of senate

   3 Composition of house of representatives

   4 Election of members; term

   5 Vacancies

   6 Qualifications of members

   7 Privileges of members

   8 Disqualifications of members

   9 Legislative allowance

  10 Sessions

  11 Adjournment

  12 Organization; discipline; rules; procedure

  13 Quorum; compulsory attendance

  14 Bills; enactment

  15 Passage of bills

  16 Approval or veto

     Reconsideration after adjournment

  17 Procedures upon veto

  18 Punishment of nonmembers

  19 Impeachment

 

Article IV  Reapportionment

 

   1 Reapportionment years

   2 Reapportionment commission

   3 Chief election officer

   4 Apportionment among basic island units

   5 Minimum representation for basic island units

   6 Apportionment within basic island units

   7 Election of senators after reapportionment

   8 Staggered terms for the senate

   9 Congressional redistricting for United States house

     of representatives

  10 Mandamus and judicial review

 

Article V  The Executive

 

   1 Establishment of the executive

   2 Lieutenant governor

   3 Repealed

   4 Succession to governorship; absence or disability of

     governor

   5 Executive powers

   6 Executive and administrative offices and department

 

Article VI  The Judiciary

 

   1 Judicial power

   2 Supreme court; intermediate appellate court; circuit

     courts

   3 Appointment of justices and judges

       Qualifications for appointment

       Tenure; retirement

   4 Judicial selection commission

   5 Retirement; removal; discipline

   6 Administration

   7 Rules

 

Article VII  Taxation and Finance

 

   1 Taxing power inalienable

   2 Income taxation

   3 Tax review commission

   4 Appropriations for private purposes prohibited

   5 Expenditure controls

   6 Disposition of excess revenues

   7 Council on revenues

   8 The budget

   9 Legislative appropriations; procedures; expenditure ceiling

       General fund expenditure ceiling

 10 Auditor

 11 Lapsing of appropriations

 12 Definitions; issuance of indebtedness

 13 Debt limit; exclusions

 

Article VIII  Local Government

 

   1 Creation; powers of political subdivisions

   2 Local self-government; charter

   3 Taxation and finance

   4 Mandates; accrued claims

   5 Transfer of mandated programs

   6 Statewide laws

 

Article IX  Public Health and Welfare

 

   1 Public health

   2 Care of handicapped persons

   3 Public assistance

   4 Economic security of the elderly

   5 Housing, slum clearance, development and rehabilitation

   6 Management of state population growth

   7 Public sightliness and good order

   8 Preservation of a healthful environment

   9 Cultural resources

  10 Public safety

 

Article X  Education

 

   1 Public education

   2 Board of education

   3 Power of the board of education

   4 Hawaiian education program

   5 University of Hawaii

   6 Board of regents; powers

 

Article XI  Conservation, Control and Development

of Resources

 

   1 Conservation and development of resources

   2 Management and disposition of natural resources

   3 Agricultural lands

   4 Public land banking

   5 General laws required; exceptions

   6 Marine resources

   7 Water resources

   8 Nuclear energy

   9 Environmental rights

  10 Farm and home ownership

  11 Exclusive economic zone

 

Article XII  Hawaiian Affairs

 

   1 Hawaiian Homes Commission Act

   2 Acceptance of compact

   3 Compact adoption; procedures after adoption

   4 Public trust

   5 Office of Hawaiian Affairs; establishment of board of

     trustees

   6 Powers of board of trustees

   7 Traditional and customary rights

 

Article XIII  Organization; Collective Bargaining

 

   1 Private employees

   2 Public employees

 

Article XIV  Code of Ethics

 

Article XV  State Boundaries; Capital; Flag;

Language and Motto

 

   1 Boundaries

   2 Capital

   3 State flag

   4 Official languages

   5 Motto

 

Article XVI  General and Miscellaneous Provisions

 

   1 Civil service

   2 Employees' retirement system

   3 Disqualifications from public office or employment

 3.5 Salary commission

   4 Oath of office

   5 Intergovernmental relations

   6 Federal lands

   7 Compliance with trust

   8 Administration of undisposed lands

   9 Tax exemption of federal property

  10 Hawaii national park

  11 Judicial rights

  12 Quieting title

  13 Plain language

  14 Titles, subtitles; construction

  15 General power

  16 Provisions are self-executing

 

Article XVII  Revision and Amendment

 

   1 Methods of proposal

   2 Constitutional convention

       Election of delegates

       Meeting

       Organization; procedure

       Ratification; appropriations

   3 Amendments proposed by legislature

   4 Veto

   5 Conflicting revisions or amendments

 

Article XVIII  Schedule

 

   1 Districting and apportionment

   2 1978 Senatorial elections

   3 Repealed

   4 Effective date for term limitations for governor and

     lieutenant governor

   5 Judiciary:  transition; effective date

   6 Effective date and application of real property tax

     transfer

   7 1978 Board of education elections

   8 Effective date for Office of Hawaiian Affairs

   9 Continuity of laws

  10 Debts

  11 Residence, other qualifications

  12 Board of education transition

 

  Effective date

 

PREAMBLE

 

     We, the people of Hawaii, grateful for Divine Guidance, and mindful of our Hawaiian heritage and uniqueness as an island State, dedicate our efforts to fulfill the philosophy decreed by the Hawaii State motto, "Ua mau ke ea o ka aina i ka pono."

     We reserve the right to control our destiny, to nurture the integrity of our people and culture, and to preserve the quality of life that we desire.

     We reaffirm our belief in a government of the people, by the people and for the people, and with an understanding and compassionate heart toward all the peoples of the earth, do hereby ordain and establish this constitution for the State of Hawaii. [Am Const Con 1978 and election Nov 7, 1978]

 

FEDERAL CONSTITUTION ADOPTED

 

     The Constitution of the United States of America is adopted on behalf of the people of the State of Hawaii.