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Hawai`i State Constitution - Section Titles publications | reference desk | library catalog | state directory | iClips | guide to lrb section titles preamble article I | article II | article III | article IV | article V | article VI | article VII | article VIII | article IX | article X | article XI | article XII | article XIII | article XIV | article XV | article XVI | article XVII | article XVIII | index (pdf, 45K) disclaimer | updated 01.01.05 | <<home | THE CONSTITUTION OF THE STATE OF HAWAII For proposed constitutional amendment to Article I, see Act 60 onpage 301 of the 2004 Session Laws of Hawaii. The Hawaii Constitution was framed by a Constitutional Convention underAct 334, Session Laws of Hawaii 1949. It was adopted by the people atthe election held on November 7, 1950, and was deemed amended when threepropositions submitted to the people in accordance with the Act ofCongress approved March 18, 1959, 73 Stat 4, Public Law 86-3, wereadopted by the people at the election held on June 27, 1959. As soamended, it was accepted, ratified, and confirmed by Congress by the Actof March 18, 1959. It went into effect on August 21, 1959, upon theissuance of a presidential proclamation admitting the state of Hawaiiinto the Union. The Constitution has since been amended a number of times in accordancewith proposals adopted by the legislature or by constitutionalconvention and ratified by the people. The source of these amendmentsis indicated in the source notes immediately following the text of theamended or new section. Revision Note On November 7, 1978, amendments to the Constitution proposed by theConstitutional Convention of 1978 were presented to the electorate forits approval. The Lieutenant Governor's computer report showed that allof the proposed amendments passed by the necessary constitutionalmargin. 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 amendmentswere not validly ratified. The revisor has deleted from theConstitution these invalid amendments and added explanatory notes to thesections concerned. This deletion has been done under the authority ofResolution No. 29 of the 1978 Constitutional Convention authorizing therevisor "to effect such necessary rearrangement, renumbering andtechnical changes of the sections within the articles of the StateConstitution, as may be affected, for proper form and arrangement andproper order in the State Constitution in the event that any or some ofthe amendments to the State Constitution proposed by the ConstitutionalConvention of Hawaii of 1978 are not ratified by the electorate." In addition to the abovementioned amendments, removed from the text ofthe Constitution, there appear to be other proposed amendments that mayhave failed of ratification. A number of unspecified amendments,involving technical, stylistic, and incidental changes, were submittedfor approval by the electorate under Question 34. As to these, theCourt stated: The question of whether any amendment submitted for approval by QuestionNo. 34 was in fact approved ... dependents on its effect uponsubstantive law. If the amendment is purely stylistic and technical innature, and does not alter the sense, meaning or effect of any provisionof the Constitution, it was approved by the electorate and has become apart of the revised Constitution. On the other hand, if the amendmentalters the sense, meaning or effect of any provision of theConstitution, it was not ratified and is not effective to change thelanguage of the Constitution. Obviously, we are not now in a positionto make these line by line determinations. The revisor does not consider that the authority granted underResolution No. 29 embraces the elimination of proposed amendments ashaving failed of ratification where the issue has not been adjudicated. Thus the text of the Constitution includes all the proposed amendmentssubmitted for ratification under Question 34. As an aid to the readers,however, an attempt has been made to identify all suchamendments--except those obviously purely technical and stylistic andclearly nonsubstantive (which have been ratified)--and explanatory noteshave been appended thereto. Preamble Federal Constitution Adopted Article I Bill of Rights Political power Rights of individuals Equality of rights Freedom of religion, speech, press, assembly and petition Due process and equal protection Right to privacy Searches, seizures and invasion of privacy Rights of citizens Enlistment; segregation Indictment; preliminary hearing, double jeopardy; self-incrimination Grand jury counsel Bail; excessive punishment Trial by jury, civil cases Rights of accused Habeas corpus and suspension of laws Supremacy of civil power Right to bear arms Quartering of soldiers Imprisonment for debt Eminent domain Limitations of special privileges Construction Marriage Public access to information concerning persons convicted of certainoffenses against children and certain sexual offenses Article II Suffrage and Elections Qualifications Disqualification Residence Registration; voting Campaign fund, spending limit Campaign contributions limits Resignation from public office General, special and primary elections Presidential preference primary Article III The Legislature Legislature power Composition of senate Composition of house of representatives Election of members; term Vacancies Qualifications of members Privileges of members Disqualifications of members Salary; allowances; commission on legislative salary Sessions Adjournment Organization; discipline; rules; procedure Quorum; compulsory attendance Bills; enactment Passage of bills Approval or veto Reconsideration after adjournment Procedures upon veto Punishment of nonmembers Impeachment Article IV Reapportionment Reapportionment years Reapportionment commission Chief election officer Apportionment among basic island units Minimum representation for basic island units Apportionment within basic island units Election of senators after reapportionment Staggered terms for the senate Congressional redistricting for United States house of representatives Mandamus and judicial review Article V The Executive Establishment of the executive Lieutenant governor Compensation: governor, lieutenant governor Succession to governorship; absence or disability of governor Executive powers Executive and administrative offices and department Article VI The Judiciary Judicial power Supreme court; intermediate appellate court; circuit courts Appointment of justices and judges Qualifications for appointment Tenure; compensation; retirement Judicial selection commission Retirement; removal; discipline Administration Rules Article VII Taxation and Finance Taxing power inalienable Income taxation Tax review commission Appropriations for private purposes prohibited Expenditure controls Disposition of excess revenues Council on revenues The budget Legislative appropriations; procedures; expenditure ceiling General fund expenditure ceiling Auditor Lapsing of appropriation Definitions; issuance of indebtedness Debt limit; exclusions Article VIII Local Government Creation; powers of political subdivisions Local self-government; charter Taxation and finance Mandates; accrued claims Transfer of mandated programs Statewide laws Article IX Public Health and Welfare Public health Care of handicapped persons Public assistance Economic security of the elderly Housing, slum clearance, development and rehabilitation Management of state population growth Public sightliness and good order Preservation of a healthful environment Cultural resources Public safety Article X Education Public education Board of education Power of the board of education Hawaii education program University of Hawaii Board of regents; powers Article XI Conservation, Control and Development of Resources Conservation and development of resources Management and disposition of natural resources Agricultural lands Public land banking General laws required; exceptions Marine resources Water resources Nuclear energy Environmental rights Farm and home ownership Article XII Hawaiian Affairs Hawaiian Homes Commission Act Acceptance of compact Compact adoption; procedures after adoption Public trust Office of Hawaiian Affairs; establishment of board of trustees Powers of board of trustees Traditional and customary rights Article XIII Organization; Collective Bargaining Private employees Public employees Article XIV Code of Ethics Article XV State Boundaries; Capital; Flag; Language and Motto Boundaries Capital State flag Official languages Motto Article XVI General and Miscellaneous Provisions Civil service Employees' retirement system Disqualifications from public office or employment Oath of office Intergovernmental relations Federal lands Compliance with trust Administration of undisposed lands Tax exemption of federal property Hawaii national park Judicial rights Quieting title Plain language Titles, subtitles; construction General power Provisions are self-executing Article XVII Revision and Amendment Methods of proposal Constitutional convention Election of delegates Meeting Organization; procedure Ratification; appropriations Amendments proposed by legislature Veto Conflicting revisions or amendments Article XVIII Schedule Districting and apportionment 1978 Senatorial elections Salaries of legislators Effective date for term limitations for governor and lieutenant governor Judiciary: transition; effective date Effective date and application of real property tax transfer 1978 Board of education elections Effective date for Office of Hawaiian Affairs Continuity of laws Debts Residence, other qualifications EFFECTIVE DATE



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