THE CONSTITUTION OF THE STATE OF HAWAII

As Amended and in Force January 1, 1993

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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

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

Article III The Legislature

1 Legislature 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 Salary; allowances; commission on legislative salary

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 Compensation: governor, lieutenant governor

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; compensation; 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 Hawaii 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

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

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 Salaries of legislators

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

 

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.

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