ARTICLE III

THE LEGISLATURE

LEGISLATIVE POWER

     Section 1.  The legislative power of the State shall be vested in a legislature, which shall consist of two houses, a senate and a house of representatives.  Such power shall extend to all rightful subjects of legislation not inconsistent with this constitution or the Constitution of the United States.

Attorney General Opinions

  Referendum not authorized, but local option law permissible. Advisory referendum also permissible.  Att. Gen. Op. 63-11.

  A legislature though elected under an improper apportionment scheme, is empowered to reapportion itself without constitutional amendment.  Att. Gen. Op. 64-33.

  Utilization of single-member districts, multi-member districts or combination thereof held proper so long as equality of representation is attained.  Att. Gen. Op. 64-36.

  This section grants the legislature the power to consider and enact the marriage equality bill.  Att. Gen. Op. 13-1.

  Cited, in determining that the ten per cent deduction of the county surcharge for the costs of assessment, collection, and disposition of the county surcharge on state general excise tax into the state general fund is neither unconstitutional nor illegal.  Att. Gen. Op. 15-1.

Law Journals and Reviews

  How to Transfer Venue When You Only Have One:  The Problem of High Profile Criminal Jury Trials in American Samoa.  29 UH L. Rev. 325.

Case Notes

  Where plaintiffs, owners of a condominium apartment, were foreclosed upon by their condominium association pursuant to the nonjudicial foreclosure procedure in chapter 667 in effect at that time, plaintiffs argued that Act 282, Session Laws of Hawaii 2019, which amended portions of chapter 667, violated the separation of powers doctrine.  District court found that Act 282 included the unusual feature of retroactive application of amendments essentially to revive a statutory scheme repealed seven years before Act 282 was enacted; and predicted that the state supreme court would hold that the legislature's attempt in Act 282 to circumvent judicial decisions that were not yet final judgments in wrongful foreclosure litigation challenging foreclosures conducted pursuant to chapter 667 did not violate the separation of powers doctrine and, thus, was not constitutionally barred.  453 F. Supp. 3d 1334 (2020).

  Question of delegation of state power to federal agency discussed.  44 H. 651, 361 P.2d 390.

  Penal sanctions, effect on requirement of legislative standards for administrative agencies in adoption of regulations.  49 H. 651, 657-58, 426 P.2d 626.

  Question of unconstitutional delegation of legislative power considered.  49 H. 651, 426 P.2d 626.

  Legislature has power to establish the subject matter jurisdiction of state court system.  63 H. 55, 621 P.2d 346.