The Constitution of the State of Hawaii (Hawaiian: Kumukānāwai o Hawaiʻi), also known as the Hawaii State Constitution,[1] is the fundamental governing document of the U.S. state of Hawaiʻi. As an organic text, it establishes the principles and framework of government, enumerates the rights and freedoms of Hawaiian citizens, and serves as the supreme law of the state.
| Constitution of the State of Hawaii | |
|---|---|
| |
| Overview | |
| Jurisdiction | Hawaii, United States |
| Created | November 7, 1950 |
| Ratified | March 18, 1959 |
| Date effective | August 21, 1959 |
| Chambers | Two (bicameral Hawaii State Legislature) |
| Executive | Governor of Hawaii |
| Judiciary | Judiciary of Hawaii |
Hawaii was governed by several constitutions during its period as a sovereign kingdom and short-lived transitional republic, prior to U.S. annexation in 1900.[2] The current constitution was adopted by referendum in 1950, amended upon admission to the Union in 1959, and further amended at the constitutional convention of 1968;[3] it was most recently amended in 1978, which saw the most significant changes to government and popular rights to date.[4]
As in most states, the Hawaiian Constitution is modeled after United States Constitution and reinforces many of the same basic rights and structures, albeit with more expansive or unique provisions; unlike its federal counterpart, it lists key individual rights of citizens, guarantees an explicit right to privacy, safeguards collective bargaining, and prohibits sex-based discrimination. Reflecting the state's unique history and cultural heritage, Constitution of Hawaii establishes protections for the environment, public wellness, and Native Hawaiians.
Hawaii's local governmental structure is unique among the U.S. states in that it is limited to two levels of government: the state and the four counties, each with a mayor and a council; there are no municipal governments. The amendment process is similar to that of the federal constitution, requiring a proposal by constitutional convention or by the legislature.[5] At close to 21,500 words, the Hawaii State Constitution is nearly five times longer than the U.S. Constitution, but shorter than the average state constitution.
The Tenth Amendment to the U.S. Constitution, which is part of the Bill of Rights, provides that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The Guarantee ClauseofArticle 4 of the Constitution states that "The United States shall guarantee to every State in this Union a Republican Form of Government." These two provisions indicate that the constituent states of the U.S. have wide latitude to adopt a constitution as the fundamental document of state law.
The Hawaii Constitution was framed by a Constitutional Convention under Act 334, Session Laws of Hawaii 1949. It was adopted by popular ballot on November 7, 1950, and was deemed amended when three propositions submitted to the people—in accordance with the Act of the U.S. Congress approved March 18, 1959[6]—were adopted by the people on June 27, 1959. It was subsequently accepted, ratified, and confirmed by Congress on March 18, 1959, and became effective 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. Its most dramatic and sweeping changes came with the Constitutional Convention held on July 5, 1978. All 34 amendments proposed by the convention passed; collectively, they redefined the relationship between citizens and government, establishing term limits for state office holders, providing a requirement for an annual balanced budget, laying the groundwork for the return of federal (such as the island of Kahoʻolawe) and created the Office of Hawaiian Affairs to address the wrongs perpetrated against native Hawaiians. The 1978 convention also created an ambitious project of preservation of the Hawaiian culture including the adoption of Hawaiian diacritical marks for official usage, use of Hawaiian names, etc. The Hawaiian language became the official state language of Hawaii for the first time since the overthrow.
Based upon language the U.S. Supreme Court had used to legalize abortion and birth control around the same time, the 1978 convention added the text: "the right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest." The Hawaii State Constitution is one of only five in the U.S. to explicitly define a right to privacy.
The preamble to the current Constitution of Hawaii states, "We, the people of the State of Hawaii, grateful for Divine Guidance, and mindful of our Hawaiian heritage, reaffirm our belief in a government of the people, by the people and for the people, and with an understanding heart toward all peoples of the earth do hereby ordain and establish this constitution for the State of Hawaii."
The preamble is followed by a twenty-point Bill of rights:
