Hawaii Constitution
From Ballotpedia
| Hawaii Constitution |
|---|
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| Preamble |
| Articles |
| I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • XV • XVI • XVII • XVIII |
The Hawaii Constitution is the state constitution of Hawaii.
- The current Hawaii Constitution as a state of the United States was adopted by voters on June 27, 1959.[1]
- Hawaii has had one state constitution.
- The current constitution has 18 articles.
- The current constitution has been amended 117 times.[2]
- Voters last approved amendments to the Hawaii Constitution on November 5, 2024.
Hawaii does not feature a process for initiated constitutional amendments. Thus, amendments in Hawaii can be put on the ballot through referral by the legislature or by a constitutional convention.
A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
Background
The first draft of the state constitution was created by a constitutional convention in 1949 and approved by voters in 1950. With three amendments, that version was approved by Congress on March 18, 1959, and adopted by voters on June 27, 1959. It went into effect on August 21, 1959, when the president issued a proclamation admitting Hawaii into the United States.[3]
Preamble
The preamble to the Hawaiian constitution states:
| 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.[4] |
Article I
- See also: Article I, Hawaii Constitution
Article I of the Hawaii Constitution is entitled "Bill of Rights." It has 25 sections which prescribe the rights and liberties of citizens of Hawaii.
Click here to read this article of the Hawaii Constitution.
Article II
- See also: Article II, Hawaii Constitution
Article II of the Hawaii Constitution is entitled "Suffrage and Elections." It has nine sections.
Click here to read this article of the Hawaii Constitution.
Article III
- See also: Article III, Hawaii Constitution
Article III of the Hawaii Constitution is entitled "The Legislature." It has 19 sections.
Click here to read this article of the Hawaii Constitution.
Article IV
- See also: Article IV, Hawaii Constitution
Article IV of the Hawaii Constitution is entitled "Reapportionment." It has 10 sections.
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Article V
- See also: Article V, Hawaii Constitution
Article V of the Hawaii Constitution is entitled "The Executive." It has six sections.
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Article VI
- See also: Article VI, Hawaii Constitution
Article VI of the Hawaii Constitution is entitled "The Judiciary." It has seven sections.
Click here to read this article of the Hawaii Constitution.
Article VII
- See also: Article VII, Hawaii Constitution
Article VII of the Hawaii Constitution is entitled "Taxation and Finance." It has 13 sections.
Click here to read this article of the Hawaii Constitution.
Article VIII
- See also: Article VIII, Hawaii Constitution
Article VIII of the Hawaii Constitution is entitled "Local Government." It has six sections.
Click here to read this article of the Hawaii Constitution.
Article IX
- See also: Article IX, Hawaii Constitution
Article IX of the Hawaii Constitution is entitled "Public Health and Welfare." It has 10 sections.
Click here to read this article of the Hawaii Constitution.
Article X
- See also: Article X, Hawaii Constitution
Article X of the Hawaii Constitution is entitled "Education" and consists of six sections.
Click here to read this article of the Hawaii Constitution.
Article XI
- See also: Article XI, Hawaii Constitution
Article XI of the Hawaii Constitution is entitled "Conservation, Control and Development of Resources" and consists of ten sections.
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Article XII
- See also: Article XII, Hawaii Constitution
Article XII of the Hawaii Constitution is entitled "Hawaiian Affairs" and consists of seven sections.
Click here to read this article of the Hawaii Constitution.
Article XIII
- See also: Article XIII, Hawaii Constitution
Article XIII of the Hawaii Constitution is entitled "Organization; Collective Bargaining" and consists of two sections.
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Article XIV
- See also: Article XIV, Hawaii Constitution
Article XIV of the Hawaii Constitution is entitled "Code of Ethics."
Click here to read this article of the Hawaii Constitution.
Article XV
- See also: Article XV, Hawaii Constitution
Article XV of the Hawaii Constitution is entitled "State Boundaries; Capital; Flag; Language and Motto" and consists of five sections.
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Article XVI
- See also: Article XVI, Hawaii Constitution
Article XVI of the Hawaii Constitution is entitled "General and Miscellaneous Provisions." It contains sections 1-16, including sections 3.5 for a total of 17 sections.
Click here to read this article of the Hawaii Constitution.
Article XVII
- See also: Article XVII, Hawaii Constitution
Article XVII of the Hawaii Constitution is labeled "Revision and Amendment." It includes five sections that establish the ways in which the constitution can be amended and revised over time.
Click here to read this article of the Hawaii Constitution.
Article XVIII
- See also: Article XVIII, Hawaii Constitution
Article XVIII of the Hawaii Constitution is entitled "Schedule" and contains 11 sections.
Click here to read this article of the Hawaii Constitution.
Amending the constitution
- Main article: Amending state constitutions
The Hawaii Constitution provides two mechanisms for amending the state's constitution— a legislative process and a state constitutional convention. Hawaii requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.
Legislature
A two-thirds (66.67%) vote vote is required during one legislative session or a simple majority vote in two successive legislative sessions for the Hawaii State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 35 votes in the Hawaii House of Representatives and 17 votes in the Hawaii State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Convention
According to Section 2 of Article XVII of the Hawaii Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot after a period of nine years. Hawaii is one of 14 states that provides for an automatic constitutional convention question.
The table below shows the last and next constitutional convention question election years:
| State | Interval | Last question on the ballot | Next question on the ballot |
|---|---|---|---|
| Hawaii | 10 years | 2018 | 2028 |
History
The constitution was originally framed during a constitutional convention authorized under Act 334 of the 1949 Session Laws of Hawaii. This constitution was adopted in a statewide vote of the people, the Hawaii Constitution Ratification Vote, held on November 7, 1950.
An Act of the U.S. Congress dated March 18, 1959 (73 Stat 4, Public Law 86-3) to accept Hawaii as a state suggested that the constitution as adopted in 1950 be amended in three ways. Accordingly, three ballot propositions were submitted to Hawaii's voters on June 27, 1959. These three amendments to the 1950 constitution were approved and the new state constitution, as amended, was accepted by the U.S. Congress in the Act of March 18, 1959. The new Hawaii Constitution went into effect on August 21, 1959, when the president issued a proclamation admitting Hawaii into the Union.
Prior to becoming a U.S. state, Hawaii had numerous constitutions throughout the years: for the Kingdom of Hawaii, Republic of Hawaii, Territory of Hawaii and State of Hawaii. The first constitution was drafted by Kamehameha III. Some constitutions have become historically infamous while others have improved the state. For example, the Bayonet Constitution of 1887 stripped native Hawaiians of their rights in favor of American plantation owners, and the constitution of 1893 was never officially promulgated but instead helped businessmen to accelerate their plans for the overthrow of the monarchy. On the other hand, the 1978 Hawaiian Constitution created the Office of Hawaiian Affairs and declared the Hawaiian language to be one of the official languages of the state.[5]
List of Hawaiian constitutions and constitutional conventions
In 1978, the state of Hawaii convened its third constitutional convention since 1950. Though Hawaii is a young state in comparison to other U.S. states, Hawaii has had numerous state constitutions.
Below is a list of Hawaii's constitutional history.[6]
- Kingdom of Hawaii
- Constitution of 1840 on October 8, 1840
- Constitution of 1852 on June 14, 1852
- Constitution of 1864 on August 20, 1864
- Constitution of 1887 on July 6, 1887
- Republic of Hawaii
- Constitution of 1894 on July 4, 1894
- Territory of Hawaii
- Organic Act of 1990 on June 14, 1900
- State of Hawaii
- Constitution of 1950 on August 21, 1959 (statehood)
- Constitution of 1968 on November 5, 1968
See also
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Amendments
External links
- Hawaii Legislative Reference Bureau, "Hawaii Constitution"
- List of Hawaiian constitutions and constitutional conventions
- 1887 Hawaiian Constitution
- 1864 Hawaiian Constitution
- 1840 Hawaiian Constitution
Footnotes
- ↑ Legislative Reference Bureau, "The Constitution of the State of Hawaii," accessed October 20, 2020
- ↑ The list of Hawaii constitutional amendments can be found here.
- ↑ Legislative Reference Bureau, "State Constitution," accessed December 22, 2023
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedhi - ↑ World News, "Constitution of Hawaii," accessed March 28, 2014
- ↑ "Constitutions and Constitutional Conventions of Hawaii," accessed March 28, 2014
